Meaning
Specialized dispute resolution body that adjudicates disagreements between employers and employees regarding compensation for technical creations. The german invention arbitration board functions as a mandatory pre-trial forum for disputes arising under the Employees Inventions Act. It provides a neutral venue to resolve conflicts over the value of an invention and the fair remuneration due to the creator.
The board operates under the authority of the German Patent and Trade Mark Office.
Dispute Settlement
Parties seeking to resolve a claim must first submit their case to this body before proceeding to a civil court. The german invention arbitration board evaluates the technical merit of the work and the financial benefit it brought to the company.
Compensation Assessment
Technical experts on the panel use established guidelines to calculate a fair percentage of the net value of the invention. They review the income generated by the product and the specific contribution of the employee to determine the final award. This process often includes an analysis of the existing state of the art and the unique nature of the solution.
If the employer and employee accept the proposal, the settlement becomes a legally binding contract. The board aims to reach a consensus that prevents expensive and lengthy litigation in the patent courts.
Procedural Finality
Formal rulings from the board clarify the obligations of the business and the rights of the staff. A successful mediation provides a stable legal basis for the continued use of the technology within the firm.
