Technical inventions made in employment require attention to reporting, employer rights and inventor remuneration. General IP clauses may not resolve the statutory process.
Reporting, claiming rights and inventor remuneration
Identify the individuals who contributed to the technical solution and whether it is an employee service invention or a free invention. Assigned tasks, business experience and the circumstances of development matter. The invention report should explain the technical problem, solution and participants. General IP assignment clauses do not replace the specific Employee Inventions Act procedures.
Following a proper report, observe the statutory process and relevant periods. Claiming an invention, releasing it, applying for protection and abandoning an application each have their own conditions and consequences. Remuneration does not depend solely on grant of a patent. Economic value, the employee’s tasks and contribution must be assessed using the relevant standards; joint inventors’ contributions need differentiation.
Documents and next steps
Useful material includes invention reports, development records, role descriptions, patent correspondence and exploitation information. Customer and research agreements may create additional interfaces. Information and remuneration questions can continue after employment ends. Coordinate patent strategy with the lawyers responsible for the employment and remuneration issues.
Four practical examples
These illustrative situations highlight the issues to examine. The outcome depends on the agreement and the facts that can be established.
Example 1
An engineer invents during a customer project. Identify inventors, employment duties and third-party obligations.
Example 2
A report is sent informally to a supervisor. Check whether the statutory process was properly triggered.
Example 3
The employer files a patent application. Review attribution, rights and remuneration obligations.
Example 4
An inventor leaves the business. Preserve records and address continuing payment and information issues.
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Deutsch · Reviewed on 13 November 2026.