By applying for a patent, inventors benefit from a range of advantages:

• Exclusive rights: A patent protects the invention from unauthorised use by third parties.
• Inventor remuneration: Inventors receive 30 % of the income from patent commercialisation. Ulm University also benefits - proceeds support research and education, fostering future innovations.
• Reputation: The inventor and Ulm University are named on the patent. Ulm University gains visibility in emerging fields, attracting new partnerships and talents. Your contribution strengthens our region's innovative power and creates meaningful job opportunities.
• Free of cost for you: Ulm University covers the costs for the application, maintenance and commercialisation of the patent.

An invention is a solution to a technical problem. It is new, involves an inventive step and is susceptible of industrial application (§1 PatG). An invention already exists as soon as the idea for the solution and a technical solution proposal have been developed. It is not necessary to test a prototype or model in order to report an invention.

In comparison, a discovery is the observation or description of something that has always existed in nature and was previously hidden.

Any person who has made a creative contribution to solving a problem is considered an inventor. However, providing resources, executing somebody else’s instructions or creating sample material, as well as other activities without any creative contribution, are not sufficient to be named as an inventor. Many inventions are created jointly by several co-inventors, whereby the percentage share of invention of each individual inventor can vary and the determination of these shares is decided among the co-inventors themselves.

In the case of joint inventions, questions may arise with regard to the inventors and their share in the invention. Emails, meeting minutes or lab books could be used as evidence. Meeting minutes, for example from research collaborations, should document which inventor contributed what to the invention. 

Academic practice is characterised by publications in the form of lectures, conference contributions or theses. For doctoral students in particular, publications are mandatory for the successful completion of their work. 

On the other hand, the novelty of an invention is a mandatory requirement for patenting. This, again, can only be maintained as long as there is no disclosure. This disclosure can also occur, for example, through lectures, conference contributions or through communication with collaboration partners, such as another higher education institution or a company. 

As a rule, Ulm University has four months to prepare a patent application and submit it to the patent office.  In justified individual cases, this procedure can be accelerated, if a complete invention disclosure and a proper notification of an intention to publish are submitted at least two months before the planned disclosure date. After the patent application is filed, a disclosure no longer jeopardises the grant of the patent.

In many cases it may be possible to omit the core of the invention from posters, abstracts or lectures. The handling of a possible disclosure, if necessary, also the use of a non-disclosure agreement, must be discussed with the IP Management of Ulm University. We will certainly find a solution together.

The rights to inventions made by employees generally belong to the employer, in this case Ulm University. Ulm University can waive these rights, which are then left to the inventors. Employee inventions can arise both in the context of work tasks during working hours, but also outside of working hours, e.g. during a secondary employment (experience invention). Furthermore, employee inventions can also be contractual inventions that are developed in collaboration with or on behalf of industry or other research institutions. Ulm University's IP Management then manages any existing contractual information and commercialisation obligations.

A free invention by an employee is not a work result during a professional activity and cannot be linked to the operational knowledge of the University. Nevertheless, this free invention should also be reported to Ulm University so that it can check that it is not an employee invention in order to avoid legal problems. Any costs arising from a possible patent application and commercialisation of a free invention are borne by the inventor him/herself; at the same time, he/she is also the sole beneficiary of the commercialisation commercialisation success.

Employees of Ulm University are obliged to report their employee invention before it is disclosed, for example as part of their teaching and research activities (Sections 5, 42 ArbEG). If several inventors have jointly contributed to an invention (joint invention), they should report it jointly. Please note that in the case of a joint invention with different employers, the invention must be reported to each employer.

IP Management receives the invention disclosure on behalf of Ulm University. The invention disclosure form (link to the form) must be completed in full.  Receipt of the invention report will be confirmed by e-mail to the inventor.

After the invention has been reported to Ulm University, it is checked whether Ulm University wishes to claim the invention or waive its rights. The decision is based on the protectability and thus the patentability of the invention. According to the Patent Act, it must be determined whether the invention is new, involves an inventive step and is industrially applicable (§1 PatG). In addition, the development status and potential utilization of the invention as well as its chances of commercialisation are determined. 

On this basis, the University decides whether it wishes to claim the rights to the invention and use them for a patent application and commercialisation. The IP-Management will inform the inventor of its decision no later than 4 months after receipt of the invention disclosure.

As an inventor at Ulm University, you may use the invention for your own teaching and research activities. If a patent application has been filed, the inventor may obtain a license for the purpose of founding a startup. This right of use can be neither transferred nor inherited.

If Ulm University claims the invention, IP Management will handle the patent application process, including tasks such as drafting, filing, and covering the associated costs. In the case of collaborations, Ulm University may transfer the invention to third parties for patenting. A patent application by the inventors themselves is only permitted if Ulm University has not claimed the invention.

In principle, software cannot be patented. In connection with a technical solution to a problem, patenting may be possible in individual cases. However, software is protected by copyright.
 

Ulm University will consider all suggestions and information from the inventor regarding the possible commercialisation of the invention. In consultation with Ulm University's IP Management, inventors may also conduct negotiations with third parties about commercialisation options.

Inventors who are employees at Ulm University are entitled to a 30% share of the revenue generated through commercialisation (Section 42 No. 4 ArbEG). Inventor compensation is considered work remuneration and is therefore subject to tax and social security contributions.

If Ulm University claims the invention, there are no costs for the inventor. The costs for the application, maintenance and commercialisation of the patent are borne by Ulm University.

A licence agreement is a contract in which the patent holder grants a third party the right to exploit the patented invention under certain conditions. Ulm University aims to promote entrepreneurship / startups and will prefer to arrange contractual agreements with founders from Ulm University for the use, sale, licensing or participation in their company.

Employee invention law in Germany is regulated in the Employee Inventions Act (ArbEG), which specifically addresses inventors employed at a university in Section 42. Further legal foundations for inventions can be found in the Patent Act and the Utility Model Act.