Legal Expertise

Employee |Invention Law

Most patent applications are based on inventions made by employees. In Germany, the right to an employee's invention can be transferred to the employer. 

In return, the employee - unlike in many other countries - is granted a claim to appropriate compensation. This is regulated by the Employee Inventions Act.

Expertise

Our attorneys provide comprehensive advice on all aspects of employee invention law, particularly in the following areas:

  • Invention disclosure
  • Content and scope of claim and release
  • Domestic and foreign application
  • Property right assignments
  • Amount of appropriate inventor compensation including buy-off and lump-sum compensation agreements 
  • University and executive inventions

Particularly in the case of employee inventions, special cases are frequent, which also raise adjacent legal questions. Our experts have the necessary expertise to evaluate even complex special situations with confidence, be it questions concerning inventions by members of executive bodies such as managing directors and board members or the treatment of intellectual property rights in research and development cooperatives. We also advise you on the handling of employee inventions in special constellations under corporate law, such as company takeovers, transfer, of business and insolvency.

Even outside of employee inventions, disputes may arise as to who is entitled to the right to the invention. Our attorneys also advise on patent vindication, i.e., the surrender of unauthorized patents (unlawful taking).
 

 


Concept

We have many years of experience in various industrial patent departments and support you in the practical implementation of the legal requirements - from the notification of an invention and the claiming of property rights to the filing and abandonment in Germany and abroad. 

Compensation concepts, in particular, repeatedly present companies with major challenges. Since our firm has extensive experience in all relevant technology sectors, we are very familiar with compensation models and can determine the inventor's value on an objective and technical basis. 

In the event of an unlawful application of a patent by unauthorized persons, we enforce the surrender of patents and patent applications with the help of a patent vindication. In this context, we also take the necessary urgent protective measures by means of a court order for sequestration (seizure and supervision) and also act as sequestrators ourselves.

We represent our clients in out-of-court disputes, before the Arbitration Board at the German Patent and Trademark Office and before the competent civil courts. Mediation and arbitration proceedings are also common, and we regularly provide successful assistance in these.