IP services / Trade secrets and employee inventions
HORAK · INTELLECTUAL PROPERTY
Trade secrets and employee inventions
Keep commercially valuable know-how under effective control and clarify ownership of inventions created within the business. We advise on confidentiality measures, invention reporting and collaboration arrangements.
Put secrecy measures into practice
Trade secret protection requires more than labelling every document confidential. Access restrictions, contractual duties, staff training and controlled sharing should match the information’s value and risks. We assess what is secret, who may access it and how disclosures are recorded.
Handle inventions through a defined process
German employee invention law contains specific reporting, claim and remuneration rules. An employment clause stating that everything belongs to the employer does not replace a compliant process. Inventor identification and employer entitlement should be clarified before filing and during transactions.
Respond to departures and misuse
When staff or development partners leave, preserve records and review access permissions and continuing duties. An NDA cannot prevent every form of independent development or lawful reverse engineering. The protection strategy should distinguish know-how suitable for secrecy from inventions better addressed through filing.
Three practical examples
Illustrative situations; outcomes depend on the facts and the applicable law.
01
An engineer reports a new production technique: the business needs a documented invention and ownership process.
02
A supplier receives confidential drawings: the permitted use and onward disclosure must be clearly controlled.
03
A departing employee downloads technical files: evidence preservation and proportionate urgent measures require prompt assessment.
What to prepare
Invention reports, employment and R&D agreements, access policies, confidentiality terms and records of suspected disclosure.
How we approach your matter
01 · Assess
We identify the objective, the relevant rights and the next deadline. Existing documents and the technical or commercial background determine the scope of the review.
02 · Agree
We explain the available routes, material risks and expected stages. The instruction distinguishes professional fees from official charges, translations and external costs.
03 · Act
We carry out the agreed work, report material developments and identify the next decision. Filing, registration or a particular dispute outcome cannot be guaranteed.
Further information
Official guidance relevant to this topic. Individual advice requires a review of the particular documents, facts and deadlines.
International filing strategy · Portfolio review · IP disputes
Discuss the next step
Tell us what you want to protect, the markets involved and any filing, launch or response deadline. We will clarify the scope of the instruction, the documents needed and the basis of the fees before starting the agreed work. Please identify the parties first so that we can check for conflicts and arrange a suitable channel for sensitive technical information.
Hannover headquarters · Advice for German and international businesses · Our offices
Enquire about trade secrets and employee inventions
Request help with an employee invention, confidential know-how or a departure from the business. Start with the parties and the type of issue; sensitive technical information can be exchanged after we agree the appropriate channel. All fields are optional.