Industrial Property Rights


ArbEG
Law Relating to Inventions of Employees

§ 1 Field of application

Inventions and technical improvement proposals of employees in the private and public service, of officials and soldiers are subject to this law.

§ 2 Inventions

Inventions according to this law are only inventions, which are patentable or can be protected as utility models.

§ 4 Bounded and free inventions

(1)
Employees’ inventions according to this law can be bound or free inventions.
(2)

Bounded inventions (official inventions) are inventions, which have been made during the validity of an employment contract, and which either

  1. originate from the activity that is executed by the employee in the company or public administration, or
  2. are substantially based upon experience or works of the company or of the public administration
(3)
Other inventions of employees are free inventions. However, they are subject to the limitations according to §§ 18 and 19.
(4)
The paragraphs (1 through 3) are correspondingly applicable to inventions of officials and soldiers.