Clifford Chance

Patent Law Series: Munich Court strengthens the position of employers by clarifying the requirements for invention reports made before 1 October 2009

24 April 2014

In a recently published decision (of 8 July 2013, case no. 7 O 6031/12), the Regional Court of Munich addressed the question as to when invention reports made before 1 October 2009 do not have to be in writing. Following the Federal Supreme Court's decision in the Haftetikett case, it is hotly debated under which circumstances the filing of a patent application by the employer renders the provision of a written report dispensable. The Munich decision strengthens the position of employers by emphasising that Haftetikett only applies in exceptional cases. It further highlights the fact that despite the reform of the laws on employee inventions the "old" regime remains relevant for employers, in particular high technology companies.

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