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It is also possible to declare a patent void. The requirements are that:- The object was in fact not patentable;- The patent does not fully and clearly disclose the invention thus allowing it to be executedby an expert; or- The micro-organisms deposited were not permanently accessible to the public.Moreover, an application to deprive a patentee of a patented product can be madesuccessfully where the patentee does not have a claim to the grant of the patent or is guiltyof taking a substantial part of the invention from the documents of another without thelatter’s approval.The cancellation of a patent takes place in an action for cancellation, and is regulated by thecorresponding civil law procedures.VI Industrial Designs ProtectionThe Industrial Design Act seeks to protect new industrially expedient technical designs thatdo not fulfil the level of novelty required under the aforementioned Patent Act. Protectionafforded by the Act is especially useful for economic goods that often enjoy only short livedand temporary legal protection.The Act’s jurisdiction corresponds to that of the Patent Act, but is extended to take intoaccount the programming logic that forms the basis of data processing programs. The Actdoes not apply to plants, animals and biological material or methods of their breeding. Asapplications for industrial design protection are not examined at all, their protection wouldseriously impair biotechnological innovations.Pursuant to article 18 of the Industrial Design Act, registration occurs at the Patent Office.The Office merely establishes the formal requirements in a test of legality. It does not,however, look into the novelty of the invention or the validity of the applicant’s claim to theprotection of the industrial design. The Patent Office checks the technical stand of theinvention, and compiles a report which is then conferred upon the applicant seekingregistration. The latter has the opportunity to speed up the process by requesting theimmediate drawing up of the report.Once the requirements for registration have been met, the invention is filed in the RegisteredDesign Register and published in the Registered Design Gazette.A registered design application may be transformed into a patent application, so long as thisoccurs within two months of the research report. This is advantageous to an applicant fromwhose research report it emerges that a registration of a patent is promising.A right of priority is awarded to the applicant on the day an orderly application has beenlodged. The term of protection is shorter than that obtainable under Patent law. Itcommences with the official publication of the industrial design, and ends, at the very latest,10 years to the end of the month in which the registration took place. Legal actions broughtunder the Registered Design Act are heard at the Commercial Court of Vienna, which hasexclusive jurisdiction in this area.According to article 28 of the Industrial Design Act, anyone can contend the nullity of aregistered design, basing their contention on either one of the following grounds:1. The design does not fall under the protection of the Industrial Design Act,2. The design cannot be executed without an expert; or3. The content of an earlier application to obtain design protection for an object is notconsistent with the application that is presented at registration.An individual claiming to be the rightful possessor of a registered design is entitled to petitionthat the right be deprived from the alleged possessor, and be transferred to him.- 39 -