III. Simultaneous Protection

Yes

Yes

Pursuant to Article 139 (3) EPC, any Contracting State may prescribe whether, and on what terms an invention disclosed in both a European patent application or patent, and a national patent application or a patent having the same filing date or, where priority is claimed, the same date of priority, may be protected simultaneously by both applications or patents.

According to Article 140 EPC (National utility models and utility certificates), Art. 139 shall apply accordingly in the Contracting States, whose laws provide protection for such models or certificates.

Austria allows double protection by means of a European patent and a national patent and/or national utility model, there are neither provisions which exclude double protection nor special procedures for the enforcement of the rights.

Double protection in the current form has now existed in Austria for more than 40 years. In the long-term practice, this legal situation has not caused any problems, and the introduction of a double-protection ban in Austria has never been the subject of legislative initiatives. There has been no need for changes to the existing system.

In the draft of the amendment of the The Austrian law it is not envisaged to does not include provisions concerning the prohibition of the double protection of one and the same invention by a European patent with unitary effect and a national patent/or utility model.