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Germany


Dr Michael Huhn, Bardehle Pagenberg Dost Altenburg Geissler Isenbruck

How does ownership of intellectual property rights arise in your jurisdiction and what rights do inventors retain?

In Germany, the ownership of inventions made by an employee is regulated by the Act on Employees' Inventions (Arbeitnehmererfindergesetz). Accordingly, an invention must be reported to the employer, comprising a written description. Having received the employee's report, the employer must declare within a term of four months if he wishes to claim the invention, this being identical with an assignment to the employer. The employer can also declare that he wishes to claim the invention only partially or even to release the invention totally.

In the case of release or if the invention is not claimed within the term, it becomes the property of the employee who can dispose of it, in other words file patent applications, license the invention and so forth, without any limitations. If the invention is claimed (which is the usual case) it...


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Uber, Garcia v Google, Verizon, and a "terribly poor" CAFC decision are in our weekly round-up http://t.co/vpXJdThS7K http://t.co/kM1IVpBzB8

Dec 20 2014 06:19 ·  reply ·  retweet ·  favourite
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Another highlight of #ip2014 = launch of #ipwomen network http://t.co/XhQqPJKQzy Pleased to see IP profession addressing diversity!

Dec 19 2014 05:59 ·  reply ·  retweet ·  favourite
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Apple & Samsung settled (outside US) as did Google & Viacom. Did 2014 see mediation take off? ($) http://t.co/tWLQ72pqcI #ip2014

Dec 19 2014 05:55 ·  reply ·  retweet ·  favourite
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