Our experience in the processing of matters concerning the German Act on Employees’ Invention (ArbEG) result from a long-standing activity in the industrial sector and from the participation in the Arbitration Board under the Act of Employees’ Inventions established at the German Patent and Trademark Office. Therefore, we can advise you in all problematic situations and represent you in the proceedings concerned. In addition, we particularly help smaller and medium-size companies (KMU) to organize internal processes of their companies such that they conform to the regulations of the ArbEG (Act of Employees’ Inventions). This results usually in an innovation-friendly atmosphere in-house that has a positive effect on the patent portfolio of the company so that its competitiveness can be improved.
On behalf of our clients we regularly check the employee inventor´s claim for remuneration. In the event of sick a claim, we identify the different factors and then calculate the remuneration.
In connection with the treatment of employees’ inventions in the companies, we advise that it is not permissible to waive the provisions of the law to the disadvantage of the employee outright (§ 22 ArbEG). These would be cases in which, for example, existing regulations of the company in the form of internal guidelines discriminate the employee inventor as compared to the rules of the ArbEG from the very beginning. Such regulations are improper.
In so far as employees’ inventions and the pertinent existing legal provisions are concerned, we can also advise our clients how inventions made by employees at foreign locations are to be treated. The legal provisions for the transfer of rights to the employer and possible remuneration claims abroad differ a great deal from one another.