Hoffmann Eitle - München, London

UPDATE - Hoffmann · Eitle Newsletter 5/2009 - Reform of the German Act on Employees’ Inventions as of 1 October 2009

Author(s): Dr. Anja Petersen-Padberg, Dr. Markus Georg Müller

The German Act on Employees’ Inventions, that was originally introduced in Germany on 1 October 1957, has now been reformed and the amendments came into force on 1 October 2009. Both companies and inventor employees should benefit from the simplification of the law. The most important change is the institution of a “legal fiction”, i.e. that an invention will be deemed to be claimed by the employer four months after it has been correctly reported by the inventor. Further amendments include, for instance, the abolishment of “limited” claims, the introduction of text form, and a revision of the section on insolvency. Companies need to adjust their policies to the new rules, and they should take advantages in the broad varieties of contracts with employees admissible after an invention has been reported.

The newsletter has been updated in view of the most recent rulings by the Federal Supreme Court on questions of claims for information of the inventor against his employer.