Limitation period: Claims become time-barred three years after they become known, or at the latest 30 years after the infringement.
Injunction: Each new infringement gives rise to a new injunction claim, even if previous acts are time-barred.
Monetary claims: Claims for damages and surrender of profits arise with each infringement and are subject to the same time limits.
No forfeiture: Under Austrian patent law, the infringer does not acquire any right of use due to the owner's inaction.
Expiration โ Injunction: Upon expiration of the patent, all injunctive relief claims lapse, and even court judgments lose their effect.
Expiration โ Monetary claims: Financial claims remain valid after expiration as long as they are not time-barred.