Employee Invention Agreement Template for Germany

The Employee Invention Agreement is a critical document for companies operating in Germany where employees may develop inventions or technical improvements during their employment. This agreement is specifically required under German law, particularly the Arbeitnehmererfindungsgesetz, which provides a comprehensive framework for handling employee inventions. The document should be implemented at the start of employment for relevant positions and must address mandatory elements including invention disclosure procedures, the employer's claim process, and statutory compensation requirements. It's particularly important for organizations involved in research, development, or technical innovation, as it provides clarity on intellectual property rights while ensuring compliance with German legal requirements for both service inventions and free inventions. The agreement helps prevent future disputes by clearly outlining the processes and obligations of both parties regarding intellectual property created during employment.

1. Parties: Identification of the employer and employee, including their legal addresses and roles

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

3. Definitions: Key terms including 'Service Invention', 'Free Invention', 'Technical Improvement Proposals', and other relevant terminology as per German law

4. Scope of Agreement: Overview of what types of inventions and innovations are covered by the agreement

5. Duty to Report Inventions: Employee's obligations to promptly report service inventions and the required format and content of such reports

6. Employer's Rights to Claim Service Inventions: Process and timeframes for the employer to claim service inventions as per German law

7. Compensation for Service Inventions: Framework for determining and paying statutory compensation for claimed service inventions

8. Confidentiality Obligations: Requirements for maintaining confidentiality of inventions before and after patent applications

9. Support in Patent Applications: Employee's obligations to assist in patent application processes

10. Rights and Treatment of Free Inventions: Procedures for handling inventions made by the employee outside the scope of employment

11. Record Keeping: Requirements for documentation of inventions and related communications

12. Term and Termination: Duration of obligations, including post-employment obligations

13. Governing Law and Jurisdiction: Specification of German law application and competent courts