Austria, like Germany, has had for many decades a dual system for judging patent infringement: infringement itself is the realm of the Commercial Courts (or Penal Courts) while nullity of the underlying patent can only be stated by the Patent Office and its Appellate Courts. Such a nullity decision has then an effect erga omnes which means that the patent is struck out of the registers. That split is mitigated in that the Appeal Courts judging the infringement question are the same as those for the Patent Office decisions and usually decide on nullity prior to their judgment concerning infringement. Only in the proceeding for an interlocutory injunction has the Court to judge nullity of the patent itself as a preliminary question. But very often the patent is upheld in this procedure and the percentage of uncertainty of the Court about it is expressed by the level of security payment imposed on the plaintiff.