every invention, that has been made by an employee of the Osnabrueck Universities in an official context or a context that is closely connected to the profession of the employee has to be reported to the chief executive committee of the University immediately and in a written form. In order to homogenize the written reports the Technology Transfer Office offers an invention formular on its homepage (Download).
Employee of a University
is technically speaking every person that is employed by the University on a basis of a contract of labor. This implies, that the reporting duties which arise for the inventor in the case of an invention are not only bound to scientific staff but to every employee of the University, including technical staff, adminstrative staff and any students that are employed on a basis of a contract of labor.
are any inventions, that were made in an official business context. This also implies suchlike results of third-party-funding. Inventions that were being made during additional business activities also are defined as service inventions if the invention is based on experience and knowledge that results from the official business activities.
according to § 1 Abs. 3 Patentgesetz are scientific theories, mathematical methods, aesthetic creations, plans, rules and processes and procedures for games, business activities, software or the communication of information.
Filling out the Invention Form
is necessary to give all required information in a standardised way. Therefore you can download the form on the homepage of the technology transfer office ( Download).
Amongst other points, you should give the following details about your invention:
- General description of the invention
- Information about all those who participated in the process of inventing
- Information about how the invention was made
- Information about any previous publications concerning the invention
- Information about the state of the art
It is important to stress out the new and problem solving aspects that go with your invention. By filling out the form and sending it to the chief executive committee, the universities should be able to decide wether to call upon the invention or not. Quantity and quality of the filled out invention form should be written in a way, that makes it understandable to anyone not being involved in the scientific matter.
Special rules for scientific publications:
Publications that bare an invention have to be reported to the chief executive commitee of the university in due time but no later than two months before publication. Publications which are made before the patenting process and registration normally are prejudicial to novelty. If the university decides to call upon an invention made by an employee, any precocious publications might prove to be harmful for the process of patent registration.
Check for market potential
After the invention has been reported properly in a written form to the chief executive commitee of the university, the technology transfer office will cooperate with the EZN GmbH in order to check the market potential of the invention. InnoWI GmBH contacts the inventor and the technology transfer office on a regular basis in order to give feedback about the analysis.
On basis of the analysis by InnoWi GmbH the chief executive comittee of the university will take a decision wether to call upon the invention or not.
Calling upon the invention by the university
After studying the market potential analysis by EZN GmbH the executive management comittee of the university will tell the inventor wether it will call upon the invention or not. If the inventor wont get a message within four months after reporting the invention to the university it is automatically assumed that the university has called upon the invention.
After availment the inventors still have a non-exclusive right of using their invention in context of teaching and research.
If the market potential analysis comes to the conclusion that an availment by the university does not make sense and the chief executive committee rejects the patent occupation all rights of usage are assigned to the inventor.If the university takes hold of the patent, the inventor will get 30 % of the gross avails. If there is more than one inventor, the inventors will divide the rated avails.
Text: Dr. Christian Newton