Monday, 26 August 2013
Austria tidies up appeals against office decisions
However, with effect from 1 January 2014, everything will be different. Following dissolution of the Office's complaint department, the Patent Office will handle only first instance proceedings, and appeals against decisions of the Office's technical, legal and nullification departments will be filed with the Vienna Higher Regional Court. Decisions of the Vienna Appellate Court can still be challenged before the Supreme Court -- but only if stringent prerequisites for appeal are satisfied.
Parties may be represented at the Patent Office and the Vienna Higher Regional Court by attorneys, patent attorneys and notaries public, but only attorneys have the right of audience in Supreme Court proceedings.
Source: note by Ferdinand Graf and Claudia Csáky (Graf & Pitkowitz Rechtsanwälte GmbH), published by International Law Office