Legal foundations for inventions at universities

Because of the changes in the law relating to inventions made by employees, which came into force on 7 February 2002, legal prerequisites for universities have changed dramatically. The most important change is the abolition of university teachers’ privileged position.

According to the new regulations, all inventions made by university and college-related persons – irrespective of whether such inventions came about as a result of work activities, secondary activities or projects with third-party funding – must be reported in writing to the employer before the invention is published.
If an invention is used, the inventor is entitled to 30% of the gross profit arising from patent licences.

How does an idea develop into a patent?

• A scientist comes up with an idea on solving an acknowledged technical problem and recognizes the scientific use of this idea.
• He puts a precise depiction of this solution into words and, ideally, illustrates this by means of a technical implementation of the solution.
• Immediately after completion the scientist must report his invention in writing to his employer (the university).
• In the invention report, all relevant information and data needed for the evaluation and legal assessment of the invention are listed in a standardized way.
• The university formally examines the invention report (the inventor’s employee status, rights of third parties such as industry, the Ministry of Education and Research, the German Research Foundation etc.) and then passes it on to the patent licensing agency in North Rhine-Westphalia (PROvendis) for evaluation.
• PROvendis evaluates the invention with respect to its competence and market potential, involving the inventor in the evaluation too.
• PROvendis prepares a statement and sends it to the university. If the invention is suitable for patenting and the profits to be expected are higher than the costs to be expected, then utilization of the invention is recommended.
• The university decides within four months (two months in the case of planned publication) on the utilization of the invention or its release to the public.
• In the case of release to the public by the university, the inventor is allowed to do as he wishes with his invention.
• In the case of utilization, a patent is applied for for the invention by PROvendis on behalf of the university, in co-operation with a patent agent.
  

Contact:

University of Münster
Innovation Office
Dr. Wilhelm Bauhus
Robert-Koch-Str. 40
48149 Münster
Tel.: 0251 83-32135
Fax.: 0251 83-32123
email: bauhus@uni-muenster.de
Further information www.provendis.info

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