Employee invention law

An employee invention (service invention) is an invention that an employee created while working as an employee. According to the Employee Invention Act (ArbnErfG), the employer (employment provider) is generally entitled to the service inventions of its employees.
In turn, the employee is entitled to compensatory remuneration, the so-called Employee Invention Compensation.

Two different interests collide
a) On the one hand, the employer is entitled to the result owed from the employment contract.
b) On the other hand, the inventor is entitled to the industrial property right according to the “inventor principle” under the patent law and utility model law.

The Employee Invention Act regulates this reconciliation of interests and creates clarity about the rights and obligations of the employee inventor and his or her employer.

Special focus of our consultation:

• Inventor’s remuneration and remuneration claims (models for employers)
• Transfers of rights from employee to employer
• Utilization and formal requirements
• Disputes between employees and employers (employment providers)

DO YOU HAVE QUESTIONS?

If you have any questions concerning the employee invention law or would like an initial consultation, please contact us by email or phone.

We look forward to hearing from you.