KudoZ home » German to English » Law: Patents, Trademarks, Copyright

Inanspruchnahme

English translation: claiming of an (the) invention

Advertisement

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Inanspruchnahme
English translation:claiming of an (the) invention
Entered by: Kim Metzger
Options:
- Contribute to this entry
- Include in personal glossary

06:49 Jan 12, 2002
German to English translations [PRO]
Law/Patents - Law: Patents, Trademarks, Copyright
German term or phrase: Inanspruchnahme
Die Inanspruchnahme gilt als erklaert, wenn der Arbeitgeber die Diensterfindung nicht bis zum Ablauf von vier Monaten nach Eingang der ordnungsgemaessen Meldung gegenueber dem Arbeitnehmer schriftlich freigibt.
Raksha
United States
Local time: 12:14
claiming of an (the) invention
Explanation:
Inanspruchnahme der Erfindung

Hamblock/Wessels – Großwörterbuch Wirtschaftsenglisch gives

"claiming of an (the) invention" for "Inanspruchnahme der Erfindung"

The German phrase draws 74 Google hits, mostly pertinent and mostly in the same context as yours.

The English phrase (with either "the" or "an") also draws 10+ Google hits, mostly pertinent and mostly in the same context as yours, for example:

"... the aforementioned binding four-month term is to declare an unrestricted claiming
of the invention to the employee. This unilateral act of the employer will ..."

www.law.washington.edu/casrip/Symposium/Number5/pub5atcl17....

"... One should not minimise the importance of the formal requirements, and the careful
description and claiming of the invention. An improperly drafted patent ..."

www.icclaw.com/devs/israel/ip/isip_001.htm

"... under contract - Notification of the Invention to the Employer, Release or Claiming
of the Invention by the Employer within 4 Months §42 defines free Inventors ..."

www.wipo.org/innovation/en/meetings/2001/cdg_inn/pdf/de01_1...

The English phrase (with "an") also draws 12 Google hits, mostly pertinent and mostly in the same context as yours, for example:

"... 7. Central claiming of an invention refers to the drafting of a narrow claim to
a particular embodiment with broad judicial interpretation of that claim as ..."

www.law.berkeley.edu/journals/btlj/articles/13_2/Mueller/ html/note.html

HTH

Dan
Selected response from:

Dan McCrosky
Local time: 18:14
Grading comment
Graded automatically based on peer agreement. KudoZ.
4 KudoZ points were awarded for this answer

Advertisement


Summary of answers provided
5 +1invocation of right
Dr. Fred Thomson
4 +1claiming (or utilization) of benefits
Translations4IT
5to assert rightsBeate Lutzebaeck
4acceptance
Alexander Schleber
4claiming / utilization of an invention
Claudia Tomaschek
1 +3claiming of an (the) inventionDan McCrosky
4use of the invention
Susan Starling
4dependingMarcus Malabad


  

Answers


5 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
depending


Explanation:
on your context, it could mean utilization, use, employment OR call, claim, demand, recourse, availment OR occupancy (of a building)

I'd go for either utilization or claim

Marcus Malabad
Canada
Local time: 18:14
Works in field
Native speaker of: Native in EnglishEnglish, Native in TagalogTagalog
Login to enter a peer comment (or grade)

9 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
claiming (or utilization) of benefits


Explanation:
Hi Raksha,

Try this one:

Inanspruchnahme f von Leistungen
(SozV) claiming (or utilization) of benefits

Translations4IT
Local time: 22:44
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Claudia Tomaschek: Die Begriffe sind richtig, aber die Erklärung ist falsch. Es geht hier um den Patentanspruch für Erfindungen. Siehe meine Erklärung
4 hrs
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
use of the invention


Explanation:
since they're talking about an employee invention here

Susan Starling
Spain
Local time: 12:14
Works in field
Native speaker of: Native in EnglishEnglish
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 1/5Answerer confidence 1/5 peer agreement (net): +3
claiming of an (the) invention


Explanation:
Inanspruchnahme der Erfindung

Hamblock/Wessels – Großwörterbuch Wirtschaftsenglisch gives

"claiming of an (the) invention" for "Inanspruchnahme der Erfindung"

The German phrase draws 74 Google hits, mostly pertinent and mostly in the same context as yours.

The English phrase (with either "the" or "an") also draws 10+ Google hits, mostly pertinent and mostly in the same context as yours, for example:

"... the aforementioned binding four-month term is to declare an unrestricted claiming
of the invention to the employee. This unilateral act of the employer will ..."

www.law.washington.edu/casrip/Symposium/Number5/pub5atcl17....

"... One should not minimise the importance of the formal requirements, and the careful
description and claiming of the invention. An improperly drafted patent ..."

www.icclaw.com/devs/israel/ip/isip_001.htm

"... under contract - Notification of the Invention to the Employer, Release or Claiming
of the Invention by the Employer within 4 Months §42 defines free Inventors ..."

www.wipo.org/innovation/en/meetings/2001/cdg_inn/pdf/de01_1...

The English phrase (with "an") also draws 12 Google hits, mostly pertinent and mostly in the same context as yours, for example:

"... 7. Central claiming of an invention refers to the drafting of a narrow claim to
a particular embodiment with broad judicial interpretation of that claim as ..."

www.law.berkeley.edu/journals/btlj/articles/13_2/Mueller/ html/note.html

HTH

Dan


Dan McCrosky
Local time: 18:14
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4
Grading comment
Graded automatically based on peer agreement. KudoZ.

Peer comments on this answer (and responses from the answerer)
agree  Claudia Tomaschek
1 hr

agree  Eva Blanar
8 hrs

agree  Jacqueline McKay
2 days 4 hrs
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 5/5
to assert rights


Explanation:
Suggested translation: "Rights to the employee invention are deemed to be asserted where the employer does not release [waive] its/his/their rights to the invention in writing vis-a-vis the employee within four months following receipt of proper [due] notification."

Background: Under German law, employers are entitled to the rights associated with inventions made by their employees (provided certain requirements are met). The employer may assert his rights to the invention (Inanspruchnahme); if they do not assert these rights within a certain period of time, or expressly waive any claims to the invention (ausdrücklich freigeben), any rights to the invention automatically revert to the relevant employee.


Beate Lutzebaeck
New Zealand
Local time: 06:14
Specializes in field
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 20
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
acceptance


Explanation:
That is the simplest answer I can find, which fits the cirumstances, IMO.

Your context sentence seems to refer to other contract conditions regarding inventions made during one's employment. So "Inanspruchnahme" would be accepting those conditions, abiding by them, and receiving the benefits thereof, IMO.

Alexander Schleber
Belgium
Local time: 18:14
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
claiming / utilization of an invention


Explanation:
Hallo Rasha,

Sabine is right, the possible terms are "utilization" or "claiming". "claiming might even be better as it refers to the "Patent claim" which is the most important part of the patent application (Patentanmeldung).


Please see links for more information

Cheers
Claudia



    Reference: http://www.saint-island.com.tw/pa-law/pl-020.html
    Reference: http://www.bitlaw.com/source/mpep/715_05.html
Claudia Tomaschek
Local time: 18:14
Native speaker of: German
PRO pts in category: 4
Login to enter a peer comment (or grade)

12 hrs   confidence: Answerer confidence 5/5 peer agreement (net): +1
invocation of right


Explanation:
If the employer has within four months after receipt of the appropriate notification not released in writing the invention rights to the employee, the employer shall be deemed to have invoked its/his/her own rights thereto.

I would phrase it this way, but there are probably better ways. In any case the employer has the rights from the outset and may invoke them at any time. If he does nothing, then the rights are automatically invoked after a four month period following receipt of the appropriate notification.

--------------------------------------------------
Note added at 2002-01-12 19:51:14 (GMT)
--------------------------------------------------

According to your sentence the rights do not automatically revert to the employee; instead the employer is automatically deemed to have invoked his rights. The law pertaining to Arbeitnehmererfindung is different; it says that the rights revert to the employee if the employer does not invoke his right within the specified period of time. Thus , it appears that the parties here are making a special arrangement between themselves.

Dr. Fred Thomson
United States
Local time: 10:14
Specializes in field
Native speaker of: English
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
agree  John Kinory: That seems to be the right verb in the context.
21 mins
Login to enter a peer comment (or grade)




Return to KudoZ list


Changes made by editors
Jul 23, 2006 - Changes made by Kim Metzger:
Field (specific)(none) » Law: Patents, Trademarks, Copyright


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also:



Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search