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Humboldt-Universität zu Berlin

Humboldt-Universität zu Berlin | Forschung | Wissens- / Technologietransfer | Patente und Lizenzen | Information über die Meldepflicht von Arbeitnehmererfindungen

Information über die Meldepflicht von Arbeitnehmererfindungen

I. Reporting requirements for inventions by employees under the German Employee Inventions Act

The German Employee Inventions Act (Arbeitnehmererfindergesetz ArbEG) of 25 July 1957 applies to the use of research findings by all employees who have an employment or service relationship with the University.

I. 1.
Section 4 of the German Employee Inventions Act distinguishes between employee inventions and free inventions. Only employee inventions (e.g. by research staff) must be reported, that is, inventions that were made during an employment or service relationship and that either resulted from an employee’s duties or are largely based on the University’s experience or work. Other inventions are classified as free inventions, and the employee may do what he or she wishes with them. However, the employee must report the invention to the University (Reporting Requirement and Supply Requirement, under sections 18 and 19 respectively of the German Employee Inventions Act).

I. 2
The previous special regulation for professors, lecturers and research assistants has not applied since 7 February 2002. The basic principle at universities is that every invention made by a university employee in the course of his or her employment can now be used. The remuneration for inventors currently amounts to 30 percent of the gross revenues for use of the invention. Further information on the legal protection of research achievements is provided in the information sheet on "patents and licences" and (in German only) in the "Employee Inventions Act" of 25 July 1957.

II. Claiming and acquiring intellectual property rights by the employer

Following receipt of a complete report on the invention, the University will decide within a period of four months whether it wants to use or release the invention. If the University decides to use the invention, it will cover the costs of applying for the intellectual property rights to it. The application will be made in the University’s name, but the inventor(s) will be named in the application forms.

Contact person at the University
Notification on inventions should be addressed to the University’s Research Service Centre, which can provide further information and property rights application forms.

Humboldt-Universität zu Berlin
Forschungsabteilung / Kontaktstelle Patente und Lizenzen
Unter den Linden 6
10099 Berlin

Phone.: +49 30 2093-1652
Fax.: +49 30 2093-1660
E-Mail: patente@uv.hu-berlin.de