Under the German Employee Invention Act, the inventor has a strong position. Especially with inventions on or before September 30, 2009, deficiencies in formal requirements led to a number of inventions that were not transferred to the applicant in a legally effective way. This issue is prevailing until end of 2030.
DTS has a strong competence in advising on the transfer of these rights. As a consequence, the DTS Team is often called upon in IP due diligence proceedings when reassessing the effective transfer of these rights to the owner of the patent portfolio or to evaluate the risk of such a patent portfolio. Further, DTS assists in drafting agreements with the inventors to avoid negative impact when filing the patent applications.
DTS also carries out a stress test of the own patent portfolio of a client to evaluate the risk from the previous handling of the provisions of the Employee Inventions Act – an opinion that assists especially a new management to establish an overview on the existing patent portfolio.