Intellectual Property (IP)

Innovative ideas lie at the heart of scientific research and often hold significant commercial potential. To successfully develop and profit from your research findings and inventions, it is essential to protect your intellectual property (IP) and prevent others from replicating them illegitimately.

In contrast to ownership of material objects, the term ‘intellectual property’ (IP) (German: ‘geistiges Eigentum’) refers to unsubstantial objects, i.e. non-tangible, immaterial creative products.

The property rights to such creations of human intellect (e.g. inventions, software and know-how) can be protected in various ways, such as:

1. commercial property rights (patents and utility models, trademarks and designs)
2. trade secrets
3. copyrights and related property rights

According to the Employee Inventions Act [ArbnErfG], all inventions by University employees, regardless of whether they are the result of official work, secondary employment or third-party funded projects, must be reported to the employer in writing before the invention is published. For more details on the legal bases, visit the AFO website.

The patent officers at the AFO offer employees and researchers at the University of Münster personalised initial advice on IP protection issues. They also accompany the invention process from the idea to market introduction. You may contact our patent officers at the AFO or obtain advice on IP issues directly at your office. For especially promising innovation projects, proactive support is available to University members to help them secure third-party funding. In addition to providing advice and information on the protection of intellectual property, our patent officers support inventors throughout the patenting process and serve as a liaison between the patent marketing agency ‘PROvendis GmbH’ and Dept. 6.2.

PROvendis GmbH, a subsidiary of the University of Münster, is one of the largest European service providers in IP management and technology transfer. Since 2002 it has evaluated R&D results, protected newly created IP and commercialised property rights. PROvendis is the subsidiary of 29 institutions of higher education in the state of North Rhine-Westphalia, serving the needs of universities, university hospitals, research institutes, companies and start-ups.

Overview of different types of “intellectual property"

• Patents

  Patent protection is granted for technical inventions, whereby a distinction is made between products and processes. A patent grants its owner the exclusive rights to their invention for up to twenty years.

  In the case of a product patent, the inventor can obtain protection for all objects, such as machines and their parts, arrangements of individual parts, electronic circuits, chemical substances or pharmaceuticals. Without the consent of the patent holder, third parties are prohibited from manufacturing, offering, bringing to market, importing or possessing the patented product in the country where it was registered.

  There are also process patents, which serve to protect, e.g. processes for manufacturing a product, working methods or the use of a product for a specific purpose. No third party may use the protected process in the country where the process was patented.

  It is permissible, however, to use patent-protected products and processes for private or research purposes.

  Any publication on the subject of an invention that is made before the date of the patent application is detrimental to its inherent novelty and jeopardises the success of the application. This also applies to public lectures, papers, posters or abstracts for conferences or any kind of online publications. Therefore: Apply for the patent first, then talk about it!

• Utility models

  A registered utility model can be obtained for technical inventions, but not for processes. This type of protection functions very much like a patent and offers a very fast means of protection, as the German Patent and Trademark Office (DPMA) does not verify whether the object of the application is truly new and inventive. It can therefore grant protection for up to ten years after only two to three months. However, it is the inventor’s responsibility to thoroughly verify the novelty of their utility model to prevent it from potentially being contested by third parties.

  In contrast to a patent, a utility model can also be granted six months after the invention has been publicly used or published (grace period).

• Trademarks

  Trademarks protect the distinctive sign of a product or service.

  To be eligible for protection, signs must be capable of distinguishing the goods and/or services of one company from those of other companies. For example, word and figurative signs, sound signs, three-dimensional designs, colours or other signs can be registered as trademarks. Trademark protection is granted for ten years and can be extended as often as required.

  Trademark protection is granted only after the application is officially registered with the German Patent and Trademark Office (DPMA). Furthermore, trademark protection can be granted by means of reputation due to intensive use of a sign in business transactions or through general recognition.

• Designs

  Registered designs protect the appearance of industrially manufactured or handcrafted products, e.g. clothing, furniture, vehicles, fabrics, ornamental objects and graphic symbols. Product pieces can also be protected as a registered design, such as the sole of a sports shoe or the cap of a writing implement.

  A registered design grants the holder a temporary monopoly on the appearance, i.e. the external shape and colour of a product. The depictions of the design submitted with the application determine the object and scope of the copyright and are therefore of key significance. Protection is only granted to that which is clearly visible in the depictions.

  Both companies and private individuals can apply for registered designs. Designs can be copy protected for a maximum duration of 25 years beginning from the date of registration.

• Trade secrets

  A trade secret is confidential business information that is only known to a certain group of people within a company and must not be disclosed to the outside world. This might pertain, for example, to recipes, a specific production method or the company’s unique process for treating materials. Companies can require new hires to sign a non-disclosure agreement (NDA) in connection to their employment contracts with regard to business or trade secrets.

  Such trade secrets cannot be officially registered and therefore cannot be filed with the DPMA. However, for developments and processes that may have previously been kept as trade secrets, a registered property right may be an option.

• Copyrights and related property rights

  Copyrights protect personal and intellectual creations. Moreover, copyrights can be secured without formal registration and are free of charge. A work is deemed copyright-protected as soon as it is created, provided that it is creative and individual. In the event of a dispute, it is crucial that the author can prove the date of creation and the originality or novelty of their creation. The author has the exclusive right to use his work and to grant or deny others authorisation to do so. For example, they can prohibit or authorise the sale, reproduction or translation of the work. Copyright protection ends 70 years after the death of the author.

  In the context of international business, however, caution is advised as copyright laws differ from country to country.

  It should be noted that the term ‘work’ as it relates to copyright law is not clearly or objectively defined, which may lead courts to examine and assess each creation individually.

  In addition to protected works of literature, science and art, copyright protection also applies to:

  • linguistic works, speeches, computer programs
  • musical works
  • pantomime works including works of dance art
  • works of visual arts, including works of architecture and applied arts and designs of such works
  • photographic works (...)
  • cinematographic works (...)
  • representations of a scientific or technical nature such as drawings, plans, maps, sketches, tables and sculptural representations