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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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Come to booth #1320 at #inta15 to get your copy of our new Gray Market Strategy map, produced with @bakermckenzie http://t.co/dSOEY1kXqe

Apr 27 2015 05:14 ·  reply ·  retweet ·  favourite
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2 immediate questions on Google's Patent Purchase Promotion: how much money do they have to spend? Will they try to enforce them?

Apr 27 2015 02:29 ·  reply ·  retweet ·  favourite
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@PrisonPlanet Would need to ask an IP lawyer to interpret the agreement. Similar Ts & Cs seem to be becoming commonplace.

Apr 27 2015 02:26 ·  reply ·  retweet ·  favourite
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