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BLOG@IP::JURPatent Attorney Axel H Horns' Blog on Intellectual Property Law.
Thursday, August 21, 2003German Act on Employees Inventions: Reform Bill is still missing.In 2001, the German Government was about to make drastic changes to the German Act on Employees Inventions. In particular, the complex rules requesting the employee to report an invention and subsequently setting a term for the employer to claim the invention are to be abandoned in favour of a more streamlined process transferring the rights to the invention to the employer per default. Moreover, the right of the employee to receive additional remuneration depending of the economic effects of the invention was to be substantially simplified. But this bill never passed the German Parliament in its 14th legislative period which ended in October 2002. Only a very limited and particular amendment was enacted in 2002 concerning university inventions. As of February 07, 2002, inventions made by professors, lecturers and scientific assistants, in their capacity as such, at universities and higher schools of science are governed by the amended law. They are longer free inventions as they had been before.According to the applicable provisions of the German Constitutional Law ("Grundgesetz"), bills not having passed the house until the end of a legislative period must be re-introduced in the next legislative period if the Government wants to stick to them at all. Now the 15th legislative period of the Bundestag is ongoing but it looks as if up to now the Government has not re-introduced any reform bill concerning the German Act on Employees Inventions into the legislative process. Maybe that they are currently busy with other matters.
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