Legal basis

Invention refers to all patentable or potentially patentable ideas, developments, and corresponding know how, as well as the associated technologies, that can be registered as utility models.

In order for an invention to be eligible for patent registration, it must meet the following requirements (Section 1 (1) German Patent Act (PatG)):

• Novelty
• Inventive step
• Industrial applicability
• Technical criterion

The following are not considered inventions (Section 1 (3) PatG):

• Discoveries, scientific theories, and mathematical methods
• Aesthetic creations (DESIGN LAW)
• Plans, rules, and procedures for mental activities, games, or business activities
• Computer programmes (COPYRIGHT)

An inventor is a person who, alone or together with other co-inventors, has made an invention that is eligible for a patent or utility model and who meets the criteria for inventorship in accordance with the German Patent Act (PatG), the German Utility Model Act (GebrMG), and the German Employee Inventions Act (ArbnErfG).

Inventions by employees within the meaning of the German Employee Inventions Act (ArbnErfG) can be work-related (employee inventions) or free inventions:

An employee invention is an invention made during the term of the employment/service relationship that either arose from the employee's/civil servant's duties at the university or is based significantly on the university's experience or work.

A free invention refers to an invention that does not meet the above requirements (see service invention). All students at THWS are private or free inventors.

Computer software refers to all computer programmes and their expressions (operating system, application programme, utility programme, macros, email software, etc.) and also includes design material.

Computer programmes are protected by copyright if they are the result of their author's own intellectual creation (see Section 2 of the German Copyright Act (UrhG)).

According to Section 69 b UrhG, THWS is exclusively entitled to exercise all property rights to the computer programmes, unless otherwise agreed by contract and on condition that the computer programme was created by an employee in the performance of their duties or according to the instructions of their employer.