Inventors
The Employee Invention Act – to whom does an invention belong?
For scientists in Germany, all inventions made in connection with their work must be reported to their employer (§ 5 ArbnErfG). In this case, the university decides whether an invention is claimed. Afterwards, all further steps are accompanied and funded by the university administration. Alternatively, the invention may be released to the inventors, in which case the invention can be registered from the university’s own funds.
Process of an application for property rights
After notification, your university has 4 months to claim the invention. During this time, an external service provider is usually commissioned to check the notification for the criteria under the Patent Act (novelty, inventive step and industrial applicability). We also work with you to explore the prospects for commercial exploitation and advise the university on its property rights strategy.
Funding of patenting and standardisation – WIPANO
Since January 2016, the BMWi funding programme WIPANO – as the successor to the SIGNO programme – has been effective. WIPANO was continued in January 2020. WIPANO promotes public research and companies in the patenting and exploitation of their ideas and supports innovative (research) projects for standardization. The aim of the funding programme is not only to promote the emergence of innovations, but also their rapid dissemination – through knowledge and technology transfer.
In the patent area of WIPANO, universities and public research institutions as well as small and medium-sized enterprises (SMEs) can be supported in the patent application and exploitation of the patent.
The current guideline runs from 01.01.2020 to 31.12.2023. In principle, companies, universities and non-university, publicly funded research institutions are entitled to apply for patents. Applications can be submitted continuously, i.e. there are no fixed deadlines.
Further information on WIPANO can be found under the following links: website
University
Billions are invested in research and development every year. Investments have the goal of creating economic value. Scientists at research institutes are not only involved in teaching, but above all in their scientific research, creating new findings and publishing these results. University structures have been created precisely for this purpose. However, they are not designed towards marketing these research results, approaching companies or sales. There is considerable potential here that can be tapped for institutes, universities and professors.
WIPANO supports this process from the review of the idea to its exploitation in 6 service packages, which are funded for universities as follows:
Service package 1: Consulting and detailed examination regarding novelty | € 500,00 |
Service package 2: Consulting and detailed examination with regard to economic exploitation | € 500,00 |
Service package 3. (strategic) consulting and support in the application for property rights | € 500,00 (per first filing) € 300,00 (per subsequent filing / patent family) |
Service package 4: Industrial property right applications (official fees and expenses for patent attorneys) | 35% share financing |
Service package 5: Exploitation activities per initial application (in the 1st year) | € 1.600 |
Service package 6: Portfolio management and further exploitation per patent family (2nd – max. 10th year) | € 400 |
In addition, in some federal states the funding amounts are increased by further innovation funding, such as the Saxon state technology funding.
Business
Businesses are always on the lookout for new scientific findings, ideas, technologies and processes. They are focused on the marketing of products, because their existence depends on whether or not they develop new innovations, new market successes and thus constantly generate new profits. However, they often lack access to scientists and scientific research institutions and a project manager who, in addition to their day-to-day business, ensures that the projects achieve their goals. We arrange contact with experts, but also evaluate their own inventions in the same way as we do for universities.
Using WIPANO funding, you will receive a non-refundable grant of up to 50 percent of your expenses for each service package. LP1-3 and 5 must be provided by a qualified, external service provider.
Service package 1: Consulting and detailed examination regarding novelty | € 800,00 |
Service package 2: Consulting and detailed examination with regard to economic exploitation | € 800,00 |
Service package 3. (strategic) consulting and support in the application for property rights | € 1.000,00 |
Service package 4: Industrial property right applications (official fees and expenses for patent attorneys) | € 10.000,00 |
Service package 5: Exploitation activities per initial application (in the 1st year) | € 4.000,00 |
Links
Patent databases and offices
- Patent database of the German Patent and Trade Mark Office
https://depatisnet.dpma.de - Patent database of the European Patent Office:
https://worldwide.espacenet.com/ - Office of the European Union for Intellectual Property (EUIPO)
https://euipo.europa.eu/ - World Intellectual Property Organization (WIPO)
https://www.wipo.int/
Trademark databases
- Germen trademark search engine:
http://register.dpma.de/ - CTM-Online
http://oami.europa.eu/CTMonline/
Legal texts
- Protection of inventions, trademarks and designs
Patentgesetz (PatG)
Gebrauchsmustergesetz (GbrMG)
Designgesetz (DesignG)
Markengesetz (MarkenG)
- Rights and duties of employees and employers with regard to inventions and proposals for technical improvement
Gesetz über Arbeitnehmererfindungen (ArbnErfG)
Our Partners
Contact
Do you have questions or suggestions about our services? Please feel free to contact us personally. We look forward to hearing from you.
Dr. rer. nat. Anke Weber
Innovationmanager
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