We advise both employers and employees on all aspects of the law governing employee inventions.
We assist employers in the use of individual service inventions as well as the establishment of employee remuneration arrangements in accordance with the Employee Invention Act (ArbnErfG). Our services range from singular employer queries to a comprehensive organization of in-house invention policy, including development of formalized procedures and model forms for invention documentation.
We represent employees primarily to secure and enforce adequate remuneration for their inventions. Typically, a dispute would be brought before the Arbitration Board for Employee Inventions or in ordinary courts after extensive efforts to reach a mutually-agreeable out of court settlement with the employer. Depending on the circumstances, we may support the employee in the background during negotiations as an “invisible” consultant. We regularly consult with the employee as to the approach and negotiation strategy with the employer.
It is our experience that employee invention issues are significant to both the employer and employee, and it is most always advantageous if compensation disputes are settled amicably and discreetly. Therefore, if a negotiated agreement is still a possibility, we first strive to resolve the dispute out of court before turning to more formal procedures.