Just back from a discussion between an ex-employee and a former employer, Dr. Sebastian Tegethoff, an Intellectual Property expert with the international IP law firm 24IP Law Group, pointed out the need to have an agreement between an employed inventor and the employer.
„A change in the German law a few years ago closed the previous loophole when neither an assignment nor a claim to a patent application based on an invention had been signed,” he continued. “However, many companies don’t think about the right of the inventor to be consulted during patent examination and when filing abroad”.
He pointed out that many companies make an agreement with their inventor employees to simplify procedures and in return the inventor receives an incentive payment. “My experience shows that such agreements solve many disputes about inventions, especially when the inventor is no longer employed in a company”.
Furthermore the single European Patent is approaching. Dr. Robert Harrison from the 24IP Law Group is pleased that the implementation process in many European countries is almost complete and, as a result, the first patents can probably be validated under this agreement in 2017. Many pending European patent applications will be affected.
24IP Law Group is currently working with several companies to revise their patent strategy to take into account this new process. “EU patents will bring many advantages, but also have some disadvantages”, said Dr. Harrison, “we should not ignore the risk of losing the whole patent due to an invalidity suit filed in a foreign court”. Dr. Harrison is a former patent examiner in The Hague and knows the ins and outs of the office well.
Contact: 24IP Law Group Sonnenberg Fortmann
info@24ip.com
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