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Hochschule Bremen - University of Applied Sciences

Hochschule Bremen


Inventions and Patents

The amendment to the Employee Inventions Act [Arbeitnehmererfindungsgesetz/ArbNErfG] fundamentally changed the legal framework conditions of the invention and patent system with respect to universities.

The following rules apply to inventions at Universities:
Each invention made by a university employee must be reported by the inventor to his or her employer. The employer has the first right claim such an employee invention. Employers may protect such invention under their own name and may utilize it on account of the university. In such case, the inventor is entitled to invention remuneration in the amount of 30% of the gross utilization income.
An invention is the technical solution of a task which can be protected by an industrial property right. It can be patented only, if the invention
• is novel
• is based on an invention activity
• is commercially usable.

An invention is protected by registering it as patent at the German Patent Office [Deutsches Patentamt]. By registering it, the owner secures the right to use the invention alone of up to 20 years. The application for a patent can cover the territory of the Federal Republic of Germany; can be for a European patent, and for an international patent. The invention must be new at the date of registration. It cannot be patented, if it was published before e.g. by presenting it at a scientific conference. Furthermore, the date of the registration is the determining factor to protect the invention from competitors.

The Center for Patents and Standards is the central place to register and use all academic inventions of the University of Applied Sciences. The Bremen patent utilization agency, innoWi GmbH, takes care of the registration and utilization of commercial property rights and it is supported by the BMWi -Förderproramm SIGNO (http://www.signo-deutschland.de). The office of the vice rector for research accepts invention notifications. These are evaluated by the legal department of Hochschule Bremen.
The invention notification must be submitted promptly upon the creation of the invention on a specifically for this purpose designed form.

 

 

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