Pending Changes of the German Emmployees' Invention Law - the Impact on University Invention

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Pending Changes of the German Emmployees' Invention Law - the Impact on University Invention

1. Ownership of Employees' Inventions in Germany

1.1. Principles and Historical Background

Before licensing any intellectual property rights, obviously it must be make sure that the respective inventions really are owned by the party wishing to grant rights resulting therefrom. Of specific importance insofar is that in Germany very peculiar rules exist, binding and not being able to excluded by employment agreements, which employers must follow in order to get only ownership of inventions.

Whilst in many - if not most - other countries, world-wide as well as in Europe, employers and employees can determine by employment contract whether inventions made by the employee in the course of its employment under certain provisions, usually to be freely agreed, become the property of the employer - in most instances even without any specific remuneration of considerable height for the employee -, the legal situation in Germany is totally different. German Law, particularly the so-called "Law relating to Inventions made by Employees", in the following designated as "The Law", unavoidably and bindingly determines that inventions made by employees first of all belong to them, and only by a special act and against a special remuneration can become the property of the employer.

To understand this, the historical background is of assistance. In 1936, the German Patent La...

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