Service invention method

(1) An employee who makes a free invention during the course of the employment relationship shall be subject to§18 Abs. 1 By written declaration (§126b BGB) Inform the employer immediately. The invention must be communicated, If necessary, And we need to know how it's formed, So that the employer can determine whether the invention is a free invention or a job invention.

(2) The employer did not dispute the employee within three months of receiving the written notice, It is free to invent, The employer can no longer claim a right under this section to the invention (§ 6) .

(3) If the invention is clearly not applicable to the employer's field of work, There is no obligation to notify a free invention.

(1) The employee will be free to invent a step before taking advantage of it during his employment, If at the time of offering, The invention falls squarely within the scope of the employer's current or pre-operational work, Then he first at least provides the employer with a non-exclusive right to use the invention on reasonable terms.

(When an employee applies his free invention elsewhere during his employment, Or is it the application of free inventions made during employment to other places? I think it's the former, Because the definition of free invention is already established that it was invented during employment)

The act can be based on§18 At the same time.

(2) If the employer doesn't accept it within three months Angebot, Then its privilege expires.

(3) If the employer agrees in No 2 Within the period of three months provided for in paragraph, But claimed that the terms of the offer were inappropriate, The court shall comply with the request of the employer or employee, Stipulated condition.

(4) If there is a significant change in circumstances relating to agreed or determined conditions, The employer or the employee may require different sets of conditions.

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