Frequently asked questions Inventions and patents

What is intellectual property and what are property rights?

Intellectual property includes all creations of the human intellect. These can be protected in a legally binding manner. These property rights are secured and enforceable by patent, utility model, secret know-how or even copyright.

How does a discovery differ from an invention?

Observations and descriptions from the world of biology, mathematics, physics or chemistry are discoveries. They make accessible what already exists in nature and was previously merely hidden. As a rule, no commercial protection can be gained on them. In contrast, an invention provides a solution to a technical problem. It is purpose-oriented and commercially exploitable.

What are the requirements for a successful patent application?

Three essential criteria must be met. (1) The development must be new and not known or prior art. (2) The invention must be commercially and industrially exploitable. (3) There must be a certain inventive step, i.e. the innovation must not be obvious or obvious to an expert. Often, the fulfilment of these three aspects is not entirely clear. With the support of patent exploitation agencies and patent attorneys, we can expertly assess inventions and draft a custom-made patent specification.

Who evaluates patentability?

The novelty, inventive step and exploitation prospects of an invention are evaluated by ScienceValue Heidelberg (SVH) GmbH. It is a 100% subsidiary of the university and accompanies the inventions of the university from the development to the exploitation with its experienced employees who are well networked in the industry. 

zur ScienceValue Heidelberg GmbH

Who is an inventor?

Any person who has made a creative contribution to the solution of the inventive problem is a co-inventor. In contrast, a necessary but purely mechanical activity that has contributed to the solution is not a creative contribution (e.g. taking measurements). An activity according to the clear specifications of others is also not creative (e.g. evaluation according to certain predefined criteria). Inventorship exists whenever the inventor's own creativity has been incorporated into the technical solution. However, if there are several inventors, the contribution to the solution may differ in value. The inventors determine the respective percentage among themselves and pass this information on to us in the invention disclosure.

What must be considered when publishing?

General rule - first the patent application, then the publication. The invention should also not have been published as a poster, abstract, thesis or lecture. This is because any prior publication no longer fulfils criterion (1) for a patent application, i.e. the concept of novelty. Everything that has been published is considered prior art. As soon as the patent application is filed, protection exists and it can be published. However, there are solutions if a publication must/should be made anyway.

In the case of posters, abstracts or lectures, the essence of the invention cannot be stated / presented and only the results can be reported. Here we are happy to advise you. In the case of high-ranking publications, this procedure is rather not possible. In this case, it is important to run the publication process in parallel with the patent application process at an early stage. At the beginning of the work on the manuscript, an invention disclosure should then also be completed. As a rule, the process from evaluation to decision to patent application takes 4-6 months, so this can usually be easily reconciled with the publication process. In urgent cases, the process of evaluation, decision and patent application can also be faster (1-2 months), but then with increased costs for the external service providers such as patent attorneys.

Who bears the costs of the patent procedure?

All costs in the patent procedure - patent attorney, official fees - are borne by the university as your employer. These are around €6,000 - €8,000 for the first application. Further costs arise in the following years: Year 1 approx. another 6,000 - 8,000 €, Year 2 and 3 approx. another 12,000 - 15,000 €. Ideally, these expenses are compensated when the patent is exploited (sale, licensing, spin-off).

Can software be patented?

In principle, software is subject to copyright. Patenting is only possible and useful in special cases. This can be the case if, for example, a technical process is controlled with the software (optimised data storage, brake control in cars).

What is a licence agreement?

Licence agreements are used to grant rights of use. If companies are interested in using a patented technology or copyrighted material of Heidelberg University, a licence agreement is negotiated that defines the scope of the company's use and the consideration for it. Here, for example, it is stated whether the use is exclusive and whether and how much revenue-based licence payments the university receives.

How do I profit as an inventor?

As the owner of the patent, the university tries to achieve exploitation by selling the patent or licensing out the technology. In accordance with legal regulations (ArbEG), 30% of the resulting exploitation income is paid out to the inventor team. From the remaining 70% of the income, a significant portion also goes to your institute and can be used for future research.