INVENTION (JOB-RELATED)

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AUSTRIA
INVENTION (JOB-RELATED)
DIENSTERFINDUNG

Under Austrian law, an invention by an employee is classed as a job-related invention if its subject-matter falls within the field of activity of the company in which the inventor works as an employee and if 1) it has resulted from the employee's regular duties, 2) the idea for the invention has originated from the employee's work in the company, or 3) its realization has been significantly facilitated by the employee's use of the company's experience or resources. Employers may exploit such job-related inventions only if a written agreement has been concluded between employer and employee assigning to the employer a right of use over any future inventions by the employee, subject in all cases to the payment of fair compensation to the employee. However, if invention was the express purpose for which the employee was hired, compensation is payable only to the extent that it is not already allowed for in a correspondingly increased rate of pay. In addition, the inventor has the right (which according to expert opinion is non-waivable) to be named as the patent holder.


Please note: the European industrial relations glossaries were compiled between 1991 and 2003 and are not updated. For current material see the European industrial relations dictionary.