Advice on and representation of employee inventions

Advice on and representation of employee inventions

Employee invention law regulates the most frequently occurring origin of inventions, namely an invention by an employee in the course of the work he is required to do in the company or on the basis of the experience gained and work completed in the company.

The sequence of events, from disclosure of the invention by the employee to the employer through to the remuneration given by the employer to the employee for making use of his invention, is regulated by employee invention law. Nevertheless, practical implementation requires some formalities within the company in order to satisfy these regulations and to prevent claims for damages arising between the employee and the employer. To this end, companies frequently develop a formal procedure as soon as disclosures of inventions by employees are no longer isolated occurrences.

Remuneration for the use of the invention can be regarded, for both sides, as a key element of employee inventor law, in particular in the case of employees having left the company. By employee invention law this is merely principally defined; the remuneration is determined by the Vergütungsordnung [Remuneration scale] and the experience-based vales from appropriate remuneration rates, which are strongly variable depending on the sector, i.e. on the technology of the invention and also change over time as a result of legal decisions made and the development of the economy.

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