Employee Inventions Act

Rights and obligations in the case of employee inventions

Employees and their wealth of ideas are a valuable asset to any company. An employee invention, also known as a service invention, arises when an employee reports an invention within the meaning of the Patent Act in the course of their duties.

The German Law on Employee Inventions regulates what needs to be done when an employee invention is made. It covers everything from the disclosure of the invention, to the claim and patent application, to the remuneration of the employee. 

Failure to address these issues from the outset can lead to protracted disputes. In particular, it is important to clarify who qualifies as an inventor, who has what rights and how much remuneration is due. The Employee Inventions Act regulates the balance of interests and creates clarity about the respective rights and obligations of the parties involved.

Disputes can quickly arise when employees and employers disagree about rights and entitlements. In such cases, the Arbitration Board under the Law on Employees’ Inventions at the German Patent and Trade Mark Office (DPMA) tries to mediate between the employer and the employee and to bring about an agreement, including an agreement on remuneration for inventions.

Competent representation by a patent attorney is essential to adequately represent your interests and to reach a fair settlement. Our firm is at your side with in-depth expertise.

Our services:

Advice and representation in employee invention matters

Handling of the entire organisational process regarding the Employee Invention Act

Drafting of cooperation agreements with external partners

Calculation of remuneration

Representation in arbitration proceedings

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