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Employee Inventions
Attorneys of WRST put their in-house and corporate experience to work in all employees' invention matters.
Almost all commercially relevant patent applications are based on inventions made by employees. In contrast to other jurisdictions, in Germany, the rights to an invention made by an employee are not automatically assigned to the employer, but by way of declaration that the employer claims title to the employee's invention. In return, the employee is entitled by law to a "reasonable compensation". The particulars of these proceedings are governed by the German Employee's Inventions Act (Gesetz über Arbeitnehmererfindungen).

The attorneys of WRST comprehensively counsel on all legal aspects of inventions made by employees, in particular notification and assignment, national and international applications for IP rights, abandonment of rights, compensation for inventors including purchase- and lump-sum payment agreements as well as inventions made at universities.

Our counsel on employee inventions also covers related legal areas and specific aspects, e.g. inventions made by board members or directors, the allocation of inventions and respective IP rights in research&development contracts as well corporate law structure, acquisitions, transfers of business and insolvency.

Our attorneys take advantage of significant in-house and corporate experience in patent departments and assist our clients with the implementation of robust structures in their companies, which fully cover the statutory requirements of the Employee's Inventions Act. Our attorneys also represent our clients in proceedings before the Arbitration board of the German Patent and Trade Mark Office and the relevant civil courts.