[ The Treatment of Employee inventions ]
Claim to appropriate remuneration.
In Germany, employees who have made a service invention must report it to their employer separately in writing without delay and make it clear that they are reporting an invention. The employer can claim that service invention either by making a declaration to that effect vis-à-vis the employee, or the claim is deemed to have been made if the employer does not explicitly release the service invention to the employee before four months have passed since receiving the above-mentioned report of the invention.
If the employer releases the invention within four months, it belongs exclusively to the inventor, who can exploit it without restriction, provided at least that he does not as a result enter into competition with his employer during his employment relationship.
If the employer claims the invention, all the assets and rights in the service invention pass to the employer. In return, the employer is obliged to file an application for an intellectual property right to be granted in Germany with regard to a service invention reported.
The inventor, however, has a claim to appropriate remuneration in return: the remuneration to which the employed inventor is entitled as a result of the marketing of the invention is calculated according to the possibilities of exploiting the invention economically, the duties and position of the inventor in the company and the share of the company in arriving at the invention. The details are laid down in remuneration guidelines.