In Germany, inventions by employees are subject to the Employee Inventions Act (ArbnErfG). This creates a balance of interests between the employer and the employee. The Employee Inventions Act is of enormous economic importance, as a large proportion of patent and utility model applications are based on inventions by employees.
On the one hand, the inventor has a right to the patent in accordance with Section 6 PatG; on the other hand, the invention made by an employee in connection with his professional activity legally belongs to the employer. The Employee Inventions Act resolves this conflict of interest by giving employers the option of transferring such an invention to themselves in return for appropriate remuneration.
Disputes arise particularly with regard to the amount of the remuneration claim. These must first be submitted to the Arbitration Board of the German Patent and Trademark Office. If no agreement is reached at the arbitration board, the dispute must be brought before the civil court. Our lawyers support both companies and employees in negotiations and, if necessary, in subsequent litigation. Due to our numerous mandates, we have extensive practical experience and in-depth knowledge of patent law.
