Inventions by employees
Employee inventions are governed by the Employee Inventions Act. The provisions of this Act are often unfamiliar, particularly to small businesses, and their application in practice can prove difficult. Disagreements can arise, in particular, regarding the question of appropriate remuneration for employee inventions that are utilised.
Our services
- Advising employers and employees on all matters relating to employee inventions.
- Developing procedures for the reporting and handling of employee inventions within companies.
- Conducting regular inventor consultation sessions on-site at your company.
- Organising seminars for management and staff.
- Calculating appropriate inventor remuneration and mediating in the event of a dispute.
- Representation in proceedings before the Arbitration Board at the German Patent and Trade Mark Office (DPMA) and participation in proceedings before the ordinary courts.
Other services
FAQ
Technical inventions that are new, involve an inventive step and are capable of industrial application may be patented. Examples include machines, electronic devices, chemical processes, software with a technical effect, or new manufacturing processes.
By contrast, pure ideas, scientific theories, mathematical methods or aesthetic designs are not patentable. Business methods without a technical basis are also generally not patentable.
The key factor is that the invention represents a technical solution to a technical problem. Whether a specific idea is actually patentable can usually only be assessed after a search of the prior art.
Our patent attorneys will be happy to advise you on this matter.
Confidentiality is crucial prior to filing a patent application, as public disclosure can jeopardise patentability.
The following measures are advisable:
- No publication or presentation without prior filing
- Use of non-disclosure agreements (NDAs)
- Documentation of the development
- Filing a patent application as early as possible
Seeking advice at an early stage helps to avoid typical mistakes and choose the right time to file the application.
The following information is generally required for a patent application:
- Description of the invention
- Technical problem and solution
- How the invention works
- Possible embodiments
- Drawings or sketches (if available)
- Details of the inventors and the applicant
The more precise the technical information is, the better the application can be drafted.