Compensating employee inventors
By Bernhard Schörghuber, Rainer Schultes, Anja Lunze, Dr Manja Epping and Paul England
In the life sciences industry, highly qualified and skilled people are employed in the research and development of new drug candidates and other advancements associated with therapy. The results of such work will often be inventions that the employer can patent and directly commercialise, benefiting from the exclusivity the patent allows, or that contribute to the development of a marketable product. The question therefore often arises whether the employed inventor is able to share in the benefits derived from the patenting of their work and, if so, how is this benefit determined. The rules on this area diverge widely between different countries. Here we explain the rules in Austria, Germany and the UK.
As will be seen, the protection of the rights of employed inventors is an immediate and detailed concern of the Austrian Patent Law.
As a general rule, the inventor is the person entitled to the grant of a patent, even if the invention was made while the inventor was employed. But employer and employee can agree on different terms. In this case, the employer is the one entitled to the grant of a patent. In return, the employer has to compensate the employee for the invention…
If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.
News from Taylor Wessing
News from The Lawyer
Briefings from Taylor Wessing
When considering whether a sign ‘consists exclusively of the shape of goods that is necessary to obtain a technical result’, the court is not confined to looking at the sign as filed.
Iceland Foods applied to register in the UK the trademark ICELAND (both figurative and word marks) for fish, meat, game and poultry.
Analysis from The Lawyer
The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world
Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town