Employee Invention Assignment And Confidentiality Agreement Template for Germany

The Employee Invention Assignment And Confidentiality Agreement is a crucial document for companies operating in Germany that employ individuals who may create inventions or have access to confidential information during their employment. This agreement is specifically designed to comply with German law, particularly the Arbeitnehmererfindungsgesetz, which provides strict regulations regarding employee inventions and mandatory compensation. It should be implemented at the start of employment for relevant positions and includes detailed provisions for handling both service inventions (made during employment and related to company activities) and free inventions, along with comprehensive confidentiality obligations. The document is essential for protecting company intellectual property while ensuring fair treatment and compensation for employee inventors as required by German law.

1. Parties: Identification of the employer and employee, including full legal names and addresses

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

3. Definitions: Key terms including 'Service Inventions', 'Free Inventions', 'Confidential Information', and other relevant terminology

4. Scope of Employment: Description of employee's role and responsibilities relevant to potential inventions

5. Service Inventions: Obligations regarding reporting, documentation, and assignment of service inventions as per ArbNErfG

6. Free Inventions: Treatment of inventions made by employee outside scope of employment

7. Compensation for Inventions: Framework for statutory compensation for service inventions per German law

8. Confidential Information: Definition and scope of confidential information, including trade secrets

9. Protection of Confidential Information: Employee's obligations regarding non-disclosure and protection of confidential information

10. Return of Materials: Obligations regarding return of confidential materials upon employment termination

11. Cooperation: Employee's duties to assist with patent applications and protection of rights

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

13. General Provisions: Standard clauses including severability, governing law, and amendments