Country code: 



Ownership rules: 

Default (statutory) regime for the ownership

Creator / inventor or his successor in title

Default (statutory) regime for employee’s creations

In relation to inventions: employee shall be entitled to apply for patent, unless a written employment / service agreement grants ownership over employee’s inventions to the employer or a right of use of such inventions; there are also specific rules for inventions in public law service agreements.

In relation to industrial designs: employer shall be entitled to ownership of design protection rights, if a design was created by employee as part of his employment obligations, unless otherwise agreed with the employee.

In relation to computer programmes created by an employee: if created in the performance of his official duties, then the employer shall have the unrestricted right to use the work, unless otherwise agreed with the author.

Ownership of research results in publicly sponsored research

In case of employment relationship in public law, the employer, without the need for an agreement with the employee, is entitled to ownership of its employee’s inventions in entirety, or a right of use of such inventions, which right of use is also effective against third parties. The employer has the right to obtain ownership for an invention if it is a service invention and if a written agreement (with the employee or a collective agreement) exists. For inventions of public employees no separate written agreement is needed. The state has the right to obtain ownership.

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

The employer, without the need for an agreement with the employee, taking its employee inventions in its entirety, or a right of use of such inventions can claim, the right of use is also effective against third parties. The employee belongs in every case for the transfer of an invention made by him to the employer, and for the grant of a usage right with respect to such invention, a reasonable extra fee. Inventions made at a university in the course of federal employment or training or employment or training by such university, shall be subject to the Patents Act, and the university shall be deemed to be the employer under Patents Act. All inventions shall be promptly reported to the rectorate. The rectorate shall inform the inventor within three months if it intends to claim title to the invention in its entirety or rights to the use thereof. Otherwise the inventor shall be entitled to such rights.

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

Information not available

Related law (name & link)

Patents Act of 1970

Federal Law on Copyrights on Literary and Artistic Works and Related Rights of 1936 (Copyright Act)

Federal Law on the Protection of Designs (Design Protection Act of 1990)

Dissemination rules: 

Limitations on publication

Information not available

Specific rules regarding publication of scientific results financed by public bodies

All university members shall have the right to independent publication of academic papers and works of art. When research findings or work serving the advancement and appreciation of the arts are published, university members who have contributed to such work shall be named as co-authors.

Non-disclosure clauses in research contracts

Information not available

Specific incentives for innovation activities: 

Related Law (name & Link)

Universities Act of 2002

Incentives provided by law for individual researchers

National Research and Innovation Plan (NRIP), general information at link, more detailed information available only in German.

Related Law (name & Link)

Incentives provided by HEI for researcher

Most universities in Austria took part in the uni:invent programs, funded by the government.

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

Transfer/ Licensing


Technology Transfer Office

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

Information not available

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

IPAG Assignment Contract

IPAG Confidentiality Agreements: unilateral,multilateral, short version

IPAG Material Transfer Agreement

IPAG Patent License

IPAG R&D Cooperation Agreement

IPAG R&D Cooperation Master Agreement