The vast majority of technological developments and inventions come from the research departments of industrial companies.
The inventors and thus the basic owners of the inventor rights, e.g. on a later patent, the employees of the respective company are employed there. There is a collision of different legal positions in employee invention law. The inventor right under patent law means that the inventor is entitled to the right to an invention. For companies, however, this would not be a sustainable situation – after all, inventions are made in the context of the employment relationship for the company.
The company has a legitimate interest in seeing them receive the rights. After all, if in doubt, they would lack a business foundation. In Germany, for example, it is regulated that the right to an invention that was created in the context of an employment relationship as a service invention belongs to the employer. Such conflicts of interest are resolved via the Employee Invention Act (ArbEG).
In this potential conflict area, we advise you comprehensively as a patent attorney and support you with your questions about employee invention law. We help you as an employer to exercise your rights. We will help you to obtain the right to unilaterally claim a service invention.
And so as not to lose sight of the business aspects of your intellectual property, our partner, the white ip | Business Solutions there to advise you.
You build the future. We create the framework.