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Invention Assignment Agreement Template for Germany

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Key Requirements PROMPT example:

Invention Assignment Agreement

"I need a German law Invention Assignment Agreement for our Berlin-based software company, to be used as a standard template for new engineering hires starting from January 2025, with specific provisions for software-related inventions and technical improvements."

Document background
The Invention Assignment Agreement is a crucial document for companies operating in Germany who employ individuals capable of creating inventions during their employment. This agreement, governed by German law, particularly the Arbeitnehmererfindungsgesetz (Employee Inventions Act), establishes the framework for handling intellectual property created by employees. It is essential for organizations engaged in research, development, or innovative activities, as it clearly defines the processes for invention disclosure, assignment of rights, and statutory compensation. The document must be carefully crafted to comply with German legal requirements, which provide specific protections for employee inventors, including mandatory compensation for service inventions. This agreement is typically implemented at the start of employment or when an employee moves into a role where invention creation is possible, and it remains relevant throughout the employment relationship.
Suggested Sections

1. Parties: Identification of the assignor (inventor/employee) and assignee (company/employer), including full legal names and addresses

2. Background: Context of the agreement, employment relationship, and purpose of the invention assignment

3. Definitions: Key terms including 'Invention', 'Intellectual Property Rights', 'Service Invention' (Diensterfindung), and 'Free Invention' (freie Erfindung)

4. Scope of Assignment: Details of what types of inventions are covered, distinguishing between service inventions and free inventions as per German law

5. Notification and Disclosure Obligations: Inventor's obligations to promptly notify and fully disclose inventions to the employer

6. Assignment Process: Procedures for claiming and assigning rights to inventions, including statutory time limits under German law

7. Compensation: Framework for statutory compensation for service inventions as required by German law

8. Assistance and Documentation: Inventor's obligations to assist with patent applications and provide necessary documentation

9. Confidentiality: Obligations regarding confidential information and trade secrets

10. Term and Survival: Duration of obligations and which provisions survive termination of employment

Optional Sections

1. Pre-existing Inventions: Section excluding prior inventions from the assignment, used when inventor has existing IP rights

2. Multiple Inventors: Provisions for cases involving joint inventors or team inventions

3. International Rights: Additional provisions for international patent filings and foreign rights, used when international protection is anticipated

4. Software and Copyright Works: Specific provisions for software-related inventions and copyright works, used in technology-focused agreements

5. Competition Restrictions: Post-assignment competition restrictions, used when permitted under specific circumstances in German law

6. University or Research Institution Rights: Provisions addressing third-party rights of academic institutions, used when inventor has academic affiliations

Suggested Schedules

1. Schedule 1: Existing Inventions: List of pre-existing inventions excluded from the assignment

2. Schedule 2: Compensation Framework: Detailed framework for calculating invention compensation according to German statutory requirements

3. Schedule 3: Notification Form: Standard form for invention disclosure and notification

4. Schedule 4: Assignment Confirmation: Template for formal assignment confirmation of specific inventions

5. Schedule 5: Third Party Rights: List of any third-party rights or obligations that may affect the assigned inventions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Technology

Pharmaceuticals

Biotechnology

Manufacturing

Chemical Industry

Automotive

Aerospace

Medical Devices

Electronics

Software Development

Research and Development

Industrial Engineering

Clean Technology

Telecommunications

Relevant Teams

Research & Development

Engineering

Product Development

Innovation

Technical Operations

Laboratory Operations

Software Development

Industrial Design

Process Development

Intellectual Property

Legal

Human Resources

Technology Transfer

Scientific Affairs

Relevant Roles

Research Scientist

Development Engineer

Software Engineer

Product Developer

Chief Technology Officer

R&D Manager

Laboratory Director

Process Engineer

Innovation Manager

Technical Lead

Patent Engineer

Chemical Engineer

Biotechnology Researcher

Principal Investigator

Industrial Designer

Systems Architect

Senior Developer

Research Director

Technical Specialist

Mechanical Engineer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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