Anwalt Deutschland Fachanwalt deutsch German Lawyer Germany English language Attorney-at-law English Lawyer germany french advocat francais allemagne French Attorney in Germany spanish language abogado alemania Spanish Attorney/ Lawyer in Germany Italian language avvocatto germania Italian Lawyer/ Attorney Germany Portuguese language advogado Alemanha Portuguese Polish speaking Lawyer/ Attorney in Germany adwokat Niemcy Polish Japanese speaking Lawyer/ Attorney in Germany Bengoshi Doitsu Japanese Attorney/ Lawyer Vietnamese language luat su Vietnamese Korean speaking lawyer/ attorney in Germany, Europe Korean Chinese language Lawyer/ Attorney in Germany/ Europe Chinese Lawyer/ Attorney russian speaking advokat Germaniya Russian




Attorneys at law

Law Office Lawyers/ Patent Attorneys Main practice areas Legal matters Client Service Litigation Free templates Offices Brochures Contact News Press FAQ
Competition law  Copyright law  Trademark law  Design law  Patent law  Media law  Online law  Food law  Public law  ITC

German Lawyer patent attorney Germany trademark attorney design attorney european law german attorney hannover germany based attorney at law for ip law it law competition law european law and regulations in germany litigation file suits representative  file german trademark law tm  competition copyright design food law media law patents contract law online law internet law patent law design protection file german patent utility model law lawyer it law contract law agricultural law architectural law banking law civil cervis law domain law employee inventions law financial penalties law food law guarantee law labour law land law pharma law state aid law waste law

Start  IP Application Services  Contact  Online enquiry  Imprint  Data Protection



...Start ...Main practice areas ...Employee invention law
Main practice areas
Administrative law
Agricultural law
Animal law
Anti Trust law
Architectural law
Banking law
Brokerage law
Business law
Capital Market law
Civil law
Civil service law
Commercial law
Commercial Criminal law
Competition law
Construction law
Contract law
Copyright law
Corporate law
Cosmetic law
Customs law
Data protection law
Design law
Distribution law
Domain law
Domain Arbitration law
Education law
Employee invention law
Energy law
Engineering law
Environment law
European law
Event law
Family law
Film law
Financial penalties law
Fiscal Offences law
Food law
Gambling law
Guarantee law
Higher Education law
Image rights
Industrial law
Inheritance law
Insolvency law
Insurance law
International law
International Trade law
Internet law
IP law
IT law
Labour law
Land law
Law on associations
M&A law
Mail order law
Media law
Medical malpractice law
Medical Products law
Medicine law
MLM law
Music law
Online law
Patent law
Pharma law
Plant variety law
Photography law
Press law
Publishing law
Public commercial law
Public procurement law
Purchasing law
Real Estate law
Restaurant law
Sales representaves rights
Sports law
State Aid law
Students rights
Tax law
Technology law
Tenancy law
Telecommunications law
Terms and conditions law
Tort law
Trademark law
Traffic law
Transport law/Shipping law
Waste law
Wine law
Attorneys at Law Hannover
Patent Attorneys
Georgstr. 48
30159 Hannover (Hauptsitz)
Fon +49 511.35 73 56-0
Fax +49 511.35 73 56-29
Attorneys at Law Berlin
Patent Attorneys
Wittestraße 30 K
13509 Berlin
Fon +49 30.403 66 69-00
Fax +49 30.403 66 69-09
Attorneys at Law Bielefeld
Patent Attorneys
Herforder Str. 69
33602 Bielefeld
Fon +49 521.43 06 06-60
Fax +49 521.43 06 06-69
Attorneys at Law Bremen
Patent Attorneys
Parkallee 117
28209 Bremen
Fon +49 421.33 11 12-90
Fax +49 421.33 11 12-99
Attorneys at Law Düsseldorf
Patent Attorneys
Grafenberger Allee 293
40237 Düsseldorf
Fon +49 211.97 26 95-00
Fax +49 211.97 26 95-09
Attorneys at Law Frankfurt/ Main
Patent Attorneys
Alfred-Herrhausen-Allee 3-5
65760 Frankfurt-Eschborn
Fon +49 69.380 79 74-20
Fax +49 69.380 79 74-29
Attorneys at Law Hamburg
Patent Attorneys
Colonnaden 5
20354 Hamburg
Fon +49 40.882 15 83-10
Fax +49 40.882 15 83-19
Attorneys at Law Munich
Patent Attorneys
Landsberger Str. 155
80687 Munich

Fon +49 89.250 07 90-50
Fax +49 89.250 07 90-59
Attorneys at Law Stuttgart
Patent Attorneys
Königstraße 80
70173 Stuttgart
Fon +49 711.99 58 55-90
Fax +49 711.99 58 55-99
Patent Attorneys Vienna
Trauttmansdorffgasse 8
1130 Vienna
Fon +43 1.876 15 17
Fax +49 511.35 73 56-29


Employee invention law - horak Attorneys at Law, Germany

The Employee Invention Act regulates the legal allocation of inventions and the technical improvement suggestions from employees. The following checklist is intended to give an initial decision-making aid to the employer confronted with the notification of a job-related invention. It is neither intended nor appropriate to replace individual legal advises in individual cases. Accordingly, the following presentation shows the decisions and deadlines that are relevant to the employer after notification of a job-related invention:

1. Notification of employee´s invention

The employee, who has made an invention, must report this immediately in written form. He has to observe a number of formal and content requirements. In particular, the employee has the technical task of describing his solution, the condition of his invention and existing records, as they are required in the checklist. Instructions are to be given in the notification to the directives or outlines issued to the employee; the experience or the work of the company, the employees and the nature and extent of their cooperation are to be emphasized, and thus the reporting employee can start looking at his own portion.

2. Immediate Aknowledgment

The employer shall immediately confirm the date of receipt of the notification to the employee in written form. In case the notification does not correspond to the abovementioned requirements, the employer has two months to explain to the employee that the notification requires supplements. He shall assist the employee, if necessary, in completing the notification. If the employer completes the clarification within two months, the declaration shall be considered completely valid.

3. Claim

The employer can make use of an invention if he has a written declaration signed from the employee inventor. The declaration shall be made as soon as possible and no later than four months after the receipt of the proper notification.

4. Effect of claim

 a. Unlimited claim

By accessing the unrestricted claiming declaration, all rights that regard the job-related invention are transferred to the employer. The employer is obliged to register the invention in Germany to grant property rights.

A registration must be made only if the employer expressly write that the invention is released, only makes limited use of it, agrees with the employee, or if he classify the invention as business secret for justified interest.

If the employer fails to comply his obligation, the employee can specify an appropriate extension. Thus, the employee may effect the application for the employer, on his name and costs.

If the invention become available, and the employer declare in written form that it is released, in fact it can be restrictively used, in this way the employee is the only one entitle to register it.

The employer is entitled, but not obliged, to register the invention in a foreign country. For foreign states, in which he does not wish to acquire property rights, he has to release the invention to the employee, and to make possible for him the acquisition of foreign countries´ protective rights. For appropriate remuneration, he may grant a non-exclusive right of use in the foreign states concerned.

In return for reasonable compensation, he can get non-exclusive right of use in relevant foreign jurisdiction.

 b. Limited claim

 If the employer's right of use unreasonably impedes the employee's further exploitation of the service invention, the employee can request that the employer start making an unlimited use of the invention or the service invention should be released to the employee in within two months.

5. Inventor´s compensation

The employer has to pay an adequate remuneration to the employee for unlimited use of the service invention. In case of a limited claim, the remuneration obligation arises only when the employer also make use of the invention. 

The type and amount of the remuneration must be agreed in between employer and employee. If an agreement is not made within a reasonable period of time, the employer should set the remuneration on reasoned written declaration and pay according to the stipulation. In case of unlimited use, the compensation shall be fixed no later than three months after the grant of the protective right; in case of a limited the compensation should be fixed no later than three months after the start of claim. 

The employee may object to the determination with a written declaration within two months if he does not agree with the fixing. If the employee does not object, it will be mandatory for both parties.

Employers and employees may require a reciprocal approval in case they want to change the provision and order to request a different compensation or in case the circumstances for fixing and assessment of the remuneration significantly change.

6. Free invention

Free inventions are made by the employee during the employment period in a certain company, without having to be job-related inventions; they are not tasks imposed by the employer and they are not based on the experience and work of the company. The employee, who has made a free invention during the period of employment, must immediately inform the employer with a written declaration. The communication must provide so much information about the invention so that the employer can assess whether the invention is still innovative or not.

After the receipt of notification, the employer may check if the invention is still available in a period of max. 3 months. If he does not do so, the invention will be classified as job-related invention.

The employee has to offer to the employer at least a nonexclusive right of use of the invention at reasonable conditions, before otherwise utilizing the free invention during the period of employment. The invention has happened to be discover in the working area of a certain company, while working for an employer. The employer can accept the offer within three months, otherwise his / her privilege expires. If the employee declares his willingness to acquire the right of use within the three-month period, but the conditions are found to be inappropriate, the court shall determine the conditions on request of the employer or the employee.

7. Technical suggestions for improvement

Technical suggestions for improvement are such recommendations for technical innovations that are not eligible for patent or utility models purposes. Those technical suggestions for improvement can be evaluate from the employed. For such suggestions, the law does not include any reporting or notification obligation. However, the employee is obliged from his work´s contract to report such suggestions for improvement.

More information on ip law


horak law office germany hannover lawyer representative compliance design infringement warning letter business start up law guarantee warranty liability border seizure leasing trademark infringement mediation minimum wage patent attorney patent infringement pro bono legal advice piracy product piracy brand piracy counterfeit litigation arbitration disputes renovation compensation online sales youtube pinterest instagram copyright infringement deutsch german law german court lawyer litigator german litigator hannover english


 trademarks patents designs law lawyer german law firm litigator litigation file court suit attorney Germany patent attorney agricultural law architectural law contract law employee inventions law medical malpractice law pharma law terms and conditions law gtc waste law print  attorney at law hannover germany europe trademark competition law save attorney solicitor hannover stuttgart berlin munich german law firmback  german law european law european lawyer specialist expert german law competition law germany copyright law german design lawyer food attorney media law germany online and computer lawyers patent law patent application telecommunications law office trademark law firm classical and modern physics solid state physics mechanics Laser Physics Electrical electronic radiofrequency technologies Telecommunications telematics Mechatronics Information Technology Data Processing Technology image processing technology semiconductor technology consumer electronics computer hardware IT technology software telecommunications automation optics Atomic Physics Molecular Physics Engineering Construction Automotion shipbuilding aircraft Drive Technology Control Technology Process Engineering Production Engineering Production Technology Packaging Paper Technique Product Development Measurement Control Engineering Process Technology Appliances Small Appliances Food Technology Aerospace safety technology power plant technology material technology steelmaking alloys nanotechnology plastics energy technology renewable energy Life Sciences Medical Biology Biophysics biotechnology Microbiology Cell Biology Neurobiology Molecular Biology gene therapy bioinformatics Pharmacy Pharmacology agents Biochemistry Chemistry Physical Chemistry Organic Chemistry Inorganic Chemistry Pharma antibody technology biosimilar generic diagnostic plant biotechnology diagnostic technology implants Immunology enzyme replacement therapy proteins muteins enzymes Transgenic cytokines, ribozymes, antisense RNA, RNAi Virology GM microorganisms plants animals human medicine food polymers catalysts lithography PhotographyOnline-Request