Meaning
Statutory provisions within the German Employee Inventions Act establish the fundamental right of an employee to receive reasonable compensation for a work-related invention. Under german arberfg section 9, the employer must pay the inventor once the invention is claimed and utilized commercially. The law provides a framework for determining the amount of this payment based on several objective factors.
These rules apply to all employees working in Germany regardless of their nationality or the location of the corporate headquarters.
Calculation Formula
The primary method for calculating the payment involves determining the license value of the invention in the open market. This figure represents what a third party would pay to use the technology. From this base, the employer applies a share factor that accounts for the relative contribution of the company and the employee.
Share Factor
This numerical value indicates the position of the inventor and the resources provided by the firm. A high-ranking manager with access to extensive lab equipment receives a lower share than a factory worker who develops a new process independently. The share factor is a critical component in applying german arberfg section 9 to ensure the final payment is equitable.
Procedural Requirement
Both parties should ideally reach an agreement on the compensation within a reasonable time after the patent is granted. If no agreement is found, the employer must specify the amount in a written declaration. The employee has the right to object to this calculation within a fixed period to preserve their claim.
