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Arbeitnehmererfindungsgesetz

English translation: Employee Inventions Act

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Arbeitnehmererfindungsgesetz
English translation:Employee Inventions Act
Entered by: Krokodil
Options:
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- Include in personal glossary

10:04 Feb 20, 2002
German to English translations [PRO]
Law/Patents
German term or phrase: Arbeitnehmererfindungsgesetz
Is this referred to in English patent law as "Employee Inventions Law"?
Krokodil
Germany
Local time: 14:45
Employee Inventions Act
Explanation:
"Inventions of employees are regulated in the Employees Inventions
Act (Arbeitnehmererfindungsgesetz). The employer can claim
inventions that have been made in service for him or on the basis
of experiences the employee gained in this service. The employer
can choose whether he wants to acquire all rights regarding the
invention or whether he only wants to acquire a nonexclusive right
to make use of it. The employee is entitled to a reasonable
compensation."

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Note added at 2002-02-20 10:07:27 (GMT)
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Basically you\'re never going to find a UK or US law that corresponds exactly to the German Act, so always include the name of the Act in German and include a gloss translation.
Selected response from:

Alison Schwitzgebel
France
Local time: 14:45
Grading comment
Many thanks, the reference you quoted is very useful too!
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2Employee Inventions Act
Alison Schwitzgebel
4employer rights in employee inventionsBeth Kantus


  

Answers


1 min   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
Employee Inventions Act


Explanation:
"Inventions of employees are regulated in the Employees Inventions
Act (Arbeitnehmererfindungsgesetz). The employer can claim
inventions that have been made in service for him or on the basis
of experiences the employee gained in this service. The employer
can choose whether he wants to acquire all rights regarding the
invention or whether he only wants to acquire a nonexclusive right
to make use of it. The employee is entitled to a reasonable
compensation."

--------------------------------------------------
Note added at 2002-02-20 10:07:27 (GMT)
--------------------------------------------------

Basically you\'re never going to find a UK or US law that corresponds exactly to the German Act, so always include the name of the Act in German and include a gloss translation.


    Reference: http://www.hg.org/1083.txt
Alison Schwitzgebel
France
Local time: 14:45
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in pair: 3407
Grading comment
Many thanks, the reference you quoted is very useful too!

Peer comments on this answer (and responses from the answerer)
agree  Beate Lutzebaeck: Listed as "Employee Invention Act" by Romain
20 mins

agree  Elvira Stoianov
22 mins
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5
employer rights in employee inventions


Explanation:
I agree with Alison's answer about how to handle the name of this act, but thought this web site (which also has a glossary of patent terms) might be of use to you.
Good luck!

http://www.lawnotes.com/patent/patown.html#EmployeeInvention...
Who Owns Inventions by Employees?
A: It depends on the employee's job responsibilities.

In the U.S., there is no sweeping rule requiring employees to assign their inventions to their employers. "Consistent with the presumption that the inventor owns his invention, an individual owns his patent rights even though the invention was conceived and/or reduced to practice during the course of employment." [Teets96]

(This rule about inventions is different from U.S. copyright law governing ownership of works of authorship that are "made for hire" by employees working "within the scope" of their employment.)

Yet employees may still be legally obligated to assign their inventions to their employers. These obligations can arise in several different ways:

Invention-Assignment Agreement
Many companies ask their employees to sign agreements to assign work-related inventions to the company.

A detailed sample clause, addressing including provisions for copyright works for hire and for confidentiality of company trade secrets, is included in Chapter 20 of the author's treatise, The Law and Business of Computer Software, published by Clark Boardman Callaghan (now part of the West Publishing Group, 1-800-323-1336).

Note: Several states have enacted laws protecting people from having to assign purely "off duty" inventions to their employers. [E.g., Cal. Lab. Code 2870-2871; Del. Code Ann. 805; Ill. Ann. Stat., ch. 140, para. 302; Minn. Stat. 181.78; N.C. Gen. Stat. 66-57.1; Wash. Rev. Code 49.44.140]

Hired to Invent
If employees are "hired to invent," they probably will be obligated to assign the invention rights to their employer. [Dubi33]

TIP: If the employer ever gets into a ownership dispute with one or more employees, those employees can probably be counted on to deny that they were hired to invent.

A written memo to the employees, sent at the time they were hired and stating that they were hired to invent, might help the employer persuade the jury otherwise.

Of course, a signed invention-assignment agreement might eliminate this problem entirely.

Set to Experimenting
If employees are "set to experimenting," e.g., asked to solve a problem, they probably will be obligated to assign their invention rights to the employer.

TIP: If a company's management is going to set an employee to experimenting, a written memo to the employee to that effect -- sent before the employee begins experimenting -- can be useful evidence if an ownership dispute later arises

What Law Governs Ownership of Patent Rights?
A: Both federal law and state law.

Ownership of a patent application or patent is governed by federal statute. [35 USC 261, 262]
On the other hand, whether an individual (or company) must assign rights in a patent to another party is normally a matter of state law such as state contract law.




Beth Kantus
United States
Local time: 08:45
Native speaker of: English
PRO pts in pair: 924
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