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.  

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • merger deal

    Corporate crunch time: who will triumph at The Lawyer Awards 2014?

    As the equity capital markets rocketed back into favour and global M&A saw at least a partial return to form, there have been some rich pickings for The Lawyer’s Corporate Team of the Year award shortlisted firms in 2014. 

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

View more analysis from The Lawyer

Overview

5 New Street Square
London
EC4A 3TW
UK
http://www.taylorwessing.com

Turnover (£m): 228.00
No. of lawyers: 860
Jurisdiction: UK
No. of offices: 4
No. of qualified lawyers: 67 (International 50)

Jobs