A German court has ruled that when an employee creates a computer
program he is not entitled to compensation under employee invention
laws if the creation of a computer program was part of his work
duties.
The German Supreme Court ruled against an employee in his claim
under the German Employee’s Invention Act. The court found that his
contribution amounted to a technical improvement, not an invention.
Employees in the UK have similar compensation rights under the
Patents Act of 1977.
If an employee in the UK invents something in the course of his
employment, the rights to any patent would be owned by the
employer. However, the employee is still entitled to an award of
compensation if “the patent is (having regard among other things to
the size and nature of the employer’s undertaking) of outstanding
benefit to the employer.” The amount of compensation should
represent a fair share of the benefit to the employer of the
patent. To date, however, court cases on the compensation payable
have tended to favour the employer.
