Under the Ger­man Employ­ee Inven­tion Act, the inven­tor has a strong posi­tion. Espe­cial­ly with inven­tions on or before Sep­tem­ber 30, 2009, defi­cien­cies in for­mal require­ments led to a num­ber of inven­tions that were not trans­ferred to the appli­cant in a legal­ly effec­tive way. This issue is pre­vail­ing until end of 2030.

DTS has a strong com­pe­tence in advis­ing on the trans­fer of these rights. As a con­se­quence, the DTS Team is often called upon in IP due dili­gence pro­ceed­ings when reassess­ing the effec­tive trans­fer of these rights to the own­er of the patent port­fo­lio or to eval­u­ate the risk of such a patent port­fo­lio. Fur­ther, DTS assists in draft­ing agree­ments with the inven­tors to avoid neg­a­tive impact when fil­ing the patent applications.

DTS also car­ries out a stress test of the own patent port­fo­lio of a client to eval­u­ate the risk from the pre­vi­ous han­dling of the pro­vi­sions of the Employ­ee Inven­tions Act – an opin­ion that assists espe­cial­ly a new man­age­ment to estab­lish an overview on the exist­ing patent portfolio.

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