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Act on Employees' Inventions (as amended by Act of July 31, 2009, on Simplification and Modernization of Patent Act), Germany
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Superseded Text
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Year of Version
2009
Dates
Amended:
January 10, 2019
Entry into force:
October 1, 1957
Promulgated:
July 25, 1957
Type of Text
Main IP Laws
Subject Matter
Patents (Inventions),
Undisclosed Information (Trade Secrets)
Subject Matter (secondary)
Enforcement of IP and Related Laws,
IP Regulatory Body,
Alternative Dispute Resolution (ADR)
Notes
Article 7 of the Act of July 31, 2009, on Simplification and Modernization of Patent Act (also known as 'the Patent Law Modernization Act'), which came into force on October 19, 2009, introduces significant amendments to Articles 5-14, Articles 18, 21, 23, 24, 27 and 48 of the Act on Employees' Inventions regarding ownership of inventions made by an employee inventor ('service inventions'), reporting requirements of the service inventions, abolishment of limited claims to an invention, introduction of a text form for reporting, and revision of inventor's rights during insolvency.
Article 43(3) of the Act on Employees' Inventions provides that the amendments, made by Article 7 of the Act of July 31, 2009, apply to all employees' inventions which have been brought to the attention of the employer on or after October 1, 2009. For employees' inventions reported before this date, the previous provisions of the Act apply until September 30, 2009.
Available Texts
Main text(s)
Main text(s)
German
Gesetz über Arbeitnehmererfindungen (das zuletzt durch Gesetz zur Vereinfachung und Modernisierung des Patentrechts vom 31. Juli 2009)
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Legislation
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WIPO Lex No.
DE134