What are the rights of the patent holder
3.2.2 Property law protection of the inventor
184.108.40.206 Right to the patentThe question of the property exploitation of the invention is to be separated from the question of the right of the personality of the invention. The exploitation of an invention essentially takes place through a patent (or another property right). The inventor (or his legal successor e.g. heir) has a right to the patent according to § 6 sentence 1 PatG due to his capacity as inventor.
In contrast to the inventor's personality right, this right to the patent is transferable (Section 15 PatG), even before the start of research. On the basis of contractual agreements, the patent can belong to someone other than the inventor, in particular on the basis of
- Cooperation agreements
- Financing agreements
Before concluding such contracts, they must be carefully checked: Is the content really intended? Should third parties be granted rights? If so, which ones, with what consideration? If the inventor has transferred his right to the patent to someone else in such contracts, these contracts are fundamentally effective and generally cannot be reversed.
As the Latin says: "pacta sunt servanda", contracts must be kept.
220.127.116.11 The right to the grant of the patent
As already mentioned a few times, an application is required in order to be granted a patent. This registration is of decisive importance for the seniority. Anyone can apply for a patent, not just the inventor, § 7 PatG! However, if a non-inventor registers a patent improperly, the authorized inventor can take action against this. The individual options should not be dealt with here for reasons of time. In general, such processes cost a lot of time, money and nerves.
As a result, this means that secrecy is not only of decisive importance for the question of the novelty of the invention. According to the old folk saying: "Talking is silver and silence is gold".
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