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Detailed information on employee invention law

DetailsEmployee invention law

In Germany, the disposal of inventions made by employees is governed by the Law on Employees' Inventions. This law stipulates precisely when and how the employer acquires rights to an employee invention and thus any resulting rights to a patent, and what statutory remuneration claims arise for the employee-inventor as a result.

If the specific legal provisions for disclosing and claiming an employee invention are not complied with, there is a risk that the right to an invention and thus to a patent granted to the employer will not pass to the employer at all, but will continue to belong to the employee. If the employer has already invested a lot of money in domestic and foreign patent applications and technical developments for such an alleged right to an invention, the employer may suffer considerable losses if the employee successfully enforces his right to the invention and to patents arising from it against the employer.

We can advise you as an employer on the correct way to deal with inventions made by your employees and how to properly claim them. Our services also include advising you on setting up an invention reporting system that complies with German legal requirements. A well-organised invention reporting system and a company-internal improvement proposal scheme are also sources of innovation in a company that should not be underestimated.

But as an employee, you will also receive advice from us if you have made an employee invention.