Micro Cluster Patent Technologies

MLL-1 Micro Laser Line Perforation real alternative for galvanometer scanner, cluster micro technology for hole pattern, perforation design, waves, zigzag or packages lines, cryptograms, company logos, holograms, anti counterfeiting, security paper, bank note, metal sticker, credit cards, transparent films, holographic paper, cigarette, tipping, filter, aluminum foils, shrinkable films, tear tapes, labels, cardboards, bar or matrix codes, marking, scribing, jewelry, automotive, pharmacy, golf, smoking, chemical or medical product, electronics part, indicators, porosity contours or profiles, embossing, etc. Patent pending for process, device, product property DE102004012081.

LPM-1 micro laser perforation at wide web, large area, surface or whole material cluster treatment, cutting, welding, drilling, ablation, molding, high power dual rotation laser beam splitter, twin multiplexer level, 4/6KW optical input, flexible hollow fiber, 200 output channels. Material treatment and robotics for stainless steel, ceramic, aluminum, gold, glass, silver, brass, cupper, titanium, diamonds, silicon, solar, panel, photovoltaic, Patent grand for process and device DE102004001327.

Dual AC/AC, AC/DC switching converter unit, high power, high frequency, high voltage, ultra short mega power current, electrostatic nano or micro cluster perforation, cigarette, tipping, filter, fine, packaging, paper, plug-wrap, sack, bag, Kraft, food, plastic film, foil, textile, fabrics or other products, switching converter, compressor, emergency, train, ship or vessel power supply, up/down frequency shift switching units. Patent grand for process and device DE10328937.

Optical online OPSS-1 porovision scanning control system, permeability cluster control for electrostatic or laser micro perforation machines, multiple color sensor, spectral intensity, DSP, FPGA, CCD, line, precise, laser, position, material finger print detection, VIS wave length, opacity, defects, inspection, imaging control, scanner systems, filter, tipping, cigarette, book, packaging, magazine, bible, wall, Kraft, paper, carton, coffee, tea, food, co-extrusion foils, films, agriculture or other fast moving fabrics or web material. Patent pending for process and device DE10251610. China patent grand 200310104764.

Optical dyne or surface tension control ODSTM-1 at fast moving substrates, plastic, films, foils, tear tape, laminate, co-extrusion, BOPP, LLDPE, PE, PP, PVC, MOV, MOH, FEP, PET, OPP, PTFE, MPET, online, spectral, extinction, monolithic, sensor, laser, IR, NIR, scanning, wobbling, stray light, spectrometer, etc. Previous patent application DE19542289.

Micro Cluster Patent Technologies

MLL-1 Micro Laser Line Perforation real alternative for galvanometer scanner, cluster micro technology for hole pattern, perforation design, waves, zigzag or packages lines, cryptograms, company logos, holograms, anti counterfeiting, security paper, bank note, metal sticker, credit cards, transparent films, holographic paper, cigarette, tipping, filter, aluminum foils, shrinkable films, tear tapes, labels, cardboards, bar or matrix codes, marking, scribing, jewelry, automotive, pharmacy, golf, smoking, chemical or medical product, electronics part, indicators, porosity contours or profiles, embossing, etc. Patent pending for process, device, product property DE102004012081.

LPM-1 micro laser perforation at wide web, large area, surface or whole material cluster treatment, cutting, welding, drilling, ablation, molding, high power dual rotation laser beam splitter, twin multiplexer level, 4/6KW optical input, flexible hollow fiber, 200 output channels. Material treatment and robotics for stainless steel, ceramic, aluminum, gold, glass, silver, brass, cupper, titanium, diamonds, silicon, solar, panel, photovoltaic, Patent grand for process and device DE102004001327.

Dual AC/AC, AC/DC switching converter unit, high power, high frequency, high voltage, ultra short mega power current, electrostatic nano or micro cluster perforation, cigarette, tipping, filter, fine, packaging, paper, plug-wrap, sack, bag, Kraft, food, plastic film, foil, textile, fabrics or other products, switching converter, compressor, emergency, train, ship or vessel power supply, up/down frequency shift switching units. Patent grand for process and device DE10328937.

Optical online OPSS-1 porovision scanning control system, permeability cluster control for electrostatic or laser micro perforation machines, multiple color sensor, spectral intensity, DSP, FPGA, CCD, line, precise, laser, position, material finger print detection, VIS wave length, opacity, defects, inspection, imaging control, scanner systems, filter, tipping, cigarette, book, packaging, magazine, bible, wall, Kraft, paper, carton, coffee, tea, food, co-extrusion foils, films, agriculture or other fast moving fabrics or web material. Patent pending for process and device DE10251610. China patent grand 200310104764.

Optical dyne or surface tension control ODSTM-1 at fast moving substrates, plastic, films, foils, tear tape, laminate, co-extrusion, BOPP, LLDPE, PE, PP, PVC, MOV, MOH, FEP, PET, OPP, PTFE, MPET, online, spectral, extinction, monolithic, sensor, laser, IR, NIR, scanning, wobbling, stray light, spectrometer, etc. Previous patent application DE19542289.

Patent references

http://www.wikipatents.com/gb/2149092.html

http://www.wikipatents.com/de/3332886.html

http://www.wikipatents.com/de/2918283.html

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https://www.patent-net.de/index.php?content=projekt&id=287

date: 4.6.2006

Managing directors as inventors - Publication DABEI actual 2-2003

CONTENT 

1. Introduction 

2. Position of the managing director 

3. Managing director as inventors 

4. Applicability of the Arb. EG 

5. Claims at the invention 

6. Invention remuneration 

7. Preventive contract possibilities  

8. Supplementary agreement 

9. Reference works   

1. Introduction 

In Germany the GmbH is selected predominantly as legal form for legal entities of a company, since a set of advantages for the capital, as well as a person separation or a community between the partners and the management to exist, as is common knowledge is.  From the view of a small and technically innovative GmbH as well as acting partners would like I with this lecture the situation for managing directors more near to describe and from different viewing angle represent, which is development-technically and inventive actively in the enterprise active.  

It is of substantial importance whether the managing director is also partner of the company, thus acting partner, and how the shareholder and their principal, know-how or economic interests are distributed.  Therefore deepen my remarks refer primarily not to a multiplicity of aspects of right, which are to be reread in the bibliography, but essentially to the position of the managing director as inventors, the invention utilization, patent application, continuation, remuneration and property question and likewise to the associated interior and external relationship to the GmbH.   

2. Position of the managing director 

Basis for the legal position managing directors within the GmbH forms the GmbH law, in detail § the 35 - 52, as well as the articles of association and the order as a managing director. As is common knowledge the society is represented by that or the managing directors judicially and out of court. That or this by the society, registered in the trade register and leads the business of the GmbH with all rights and obligations is ordered after the society and managing director contract. 

A GmbH can have one or more managing directors, whose further powers and business action free spaces are fixed in the managing director or in the further in the articles of association. In to what extent and which extent for that or the managing directors, thus organ members of the legal entity, with directly initiated or inventions involved, patent applications, given patents, licence etc. the right criteria concerned are contract-legally concerned, is alone dependent on contents of the managing director contract. Therefore the pre and background information for this topic of fundamental importance appear to me.   

3. Managing director as inventors

If that is inventive, innovative and/or as a development engineer active managing directors of exclusive owners or majority partner of the company, then naturally the legal questions initially specified do not arise regarding the invention use as trade secret, to the patent application or to the know-how sales, if not different one is agreed upon in the articles of association or is present with more managing directors, a common inventors. In case of a participation of the majority and an exclusive management the managing director can determine according to its existing contracts themselves, what is to happen with the invention.  

Furthermore it has the possibility of locking with the GmbH a know-how contract which permits it to it, all inventions, to announce patent applications and patents on its names the GmbH unrestricted rights to use to grant, the costs from it take over to let and a license set for this to receive.

Here are to be considered however § the 181 BGB and a number of according to tax law elements. A further, obvious advantage of such know-how contracts is to be seen in case of a GmbH bankruptcy or a dissolution.  In principle the managing director is not employed due to its business position and activity at the GmbH, in order to create for it the free inventions. In it also nothing changes, if he is after its contract of employment primarily responsible for research and tasks of development and active.

This applies equally also to GmbH for, in which the managing director is not partner of the company or possesses only one minority participation. Under the society constellation specified last and without consideration work EEC can come for managing director still further aspects of principle to specified the so far, which by clashes of interests and explanation are connected to the majority shareholder as well as certain interest fixing to the trade secret with the other society or in society resolutions. 

Under these described conditions' s a completely unclear right situation, to the proceeding, results the own vested titles as well as the claim for remuneration for inventions and patents in relation to the society for many managing directors in smaller GmbH.    

4. Applicability work EEC 

For lack of instruction bindingness pertaining to labour law and due to the representative position the legal representatives of legal entities and person entirenesses, thus organ members, are not employees in the sense work EEC. Therefore also a similar application of the ArbEG for the managing director forbids itself.    The applicability lacking of the ArbEG does not lead however obligatorily to the free invention for managing directors. In addition, the right at the invention managing directors is entitled to the society not without reservation. Whether and to which extent an organ member is obligated, in its person developing rights (§ 6 sentence 1 PatG) at one of it developed invention to the GmbH transferred must, determine themselves again according to contents and purpose of his serving and/or of the partner contract (§ 611 BGB) and the associated allegiance.  As is the case for the ArbEG also here the managing director is in each case obligated to indicate each invention on formal way of the society immediate and with all necessary documents.   

5. Claim at the invention 

After § 6 of the patent society the inventor or its legal successor has the right to the patent. If more the one manager made an invention together, then the right to the patent is entitled to you jointly. 

The plural invention made, then the right is entitled, to which the invention announced first to the patent office independent. The right to the patent is an imperfect, absolute and immaterial law on property. It is absolutely, there it against each third - excluded a second inventor - arranges themselves, it is imperfect, because it does not grant exclusive use right and no right to forbid opposite third users.

Only the given patent offers these rights. It is a genuine real property right, since it is subject to the protection of article 14 of the GG and in the further other right in the sense § 823 of the BGB is. 

The managing director can have his inventions in advance in favor of his society or commit itself in advance to the transmission. With the pay in advance acquires the society without further transmission the right at the invention. During a bare transmission obligation a formal transmission is still necessary.  

If a contractual regulation or an express appointment is missing for these two transmission paths, then the circumstances are crucially, in particular also the treatment of earlier inventions with interpretation doubt, with which the managing director must be endowed after his contract of employment for the society inventive actively or on technical innovations. If the invention is based predominantly on means, experiences and pre-working of the enterprise, then can after faithful and faith (§ 242 BGB) an obligation to insist to transfer invention rights totally or partly on the society.  With one „dependent organ carrier “hands the fact that suggestions came to the invention from the division or that an enterprise with the employment of the invention could attain economic advantages, for itself alone against it not yet for the acceptance of a transmission obligation out.   The company has promptly for this and for the conclusion of the contract of employment the possibility of affecting the rights of cession and the procedure.

Therefore a transfer or a grant of invention rights is regularly not interspersable by the appointment to the allegiance of the managing director. 

In the juristic fication and published comments only very little is entered on possible conflict questions for the explanation of a trade secret and the publication invention know-how, which can be connected directly with economic interests of the society. This applies in the special measure if at a small company from two or more different society than legal entities, thus also different or larger companies, or consist the society on the other hand also of natural persons.  

Here the interest situation for inventions, patent applications and in particular also for international continuations, can be absolutely contrary so that preventive contract solutions are to be absolutely aimed at.   Transferable these conflict questions are likewise with an explanation for free invention by the managing director in relation to the society, since also here always all on the right of and aspects of interest cannot be defined clearly and in the apron.  For the moderate assurance of a harmonized business concern of all involved ones consensus able contract solutions should be caused, in order not to produce by the developed situation of the managing director invention additional concerning and points of collision.   

6. Invention remuneration 

As already implemented, it does not concern with the development or a technical innovation and from it developed an invention a special service paid off by the contractually agreed upon purchases, if the managing director for research and tasks of development is not assigned to serving or society-contractually actively or range. Therefore to it for the use of its invention on the part of the enterprise and according to the basic idea § an appropriate remuneration is entitled to 612 BGB.  

After the views of the questions to the vested titles, the transfer procedure on the society, in and/or foreign patent applications, trade secrets etc. thus the ArbEG for managing director inventions is only in few exceptional cases applicable. 

On the other hand a financial evaluation and remuneration of the managing director invention are possible and also frequently applied after the premise and guidelines of the ArbEG in accordance with § 12 from different literatures and usual law practice.  An overall remuneration regulation is conceivable for the avoidance of interest conflicts and the conditions specified before, if a direct influence on product decisions is present. 

The boards of arbitration of the patent controversy chambers of the respective national court offer a further possibility for the remuneration statement. However possible effects are on the business climate and the business concern for the managing director and the GmbH to consider with such procedure walking on (S. chapter 3).  If the partners informed themselves with the managing director in the principle on a remuneration regulation after the ArbEG, then the questions are regarding the criteria how: License analogy, base factor, status and position managing directors for the respective invention, their coming off, solution of the task, the portion factor, the application of a staggering to clarify and record in a written explanation license set etc. clearly and in the consent (§ 133 and 157 BGB). This could be also for future matters of procedure and invention remuneration a guideline assistance.  

With overall remuneration as standard of valuation after statement the license analogy can likewise serve the level on invention. Other factors how: not grants trade secret, licence, rights of cession etc. are possibly to be considered for the financial advantage managing directors. Finally it applies to cause also this solution on that ways of negotiations with the society. 

During plural remuneration payments within a yearly it is according to tax law necessary to include the VAT rate with. In the same way this applies with know-how contracts (S. chapter 3).  In such a way the managing director is partner of the enterprise (S. remarks in chapter 3) comes to the elementary, economic views regarding: in and foreign patent applications, license, know-how co-operation or contracts, license proceeds, trade secret explanations, not transacted product sales possibilities, escaped profits, competition pre or night parts, innovative advance or blockade etc. to the fundamental claim for remuneration still in addition.    

In according to rules of the reason and the democratic procedures the society decides by resolution on these points of cardinal. Here it is of elementary importance whether a simple or 2/3 majority is necessary for the adoption of resolutions in accordance with the partner contract.   

7. Preventive contract possibilities  

Particularly importantly and of crucial importance for all with the managing director contract and during the invention solution connected on the right of, procedure and remuneration questions is the patent lawyer consultation for the managing director. This should take place for it in the contract apron and on own calculation as a private person, so that a conflict-free basis and a patent lawyer support are created.  

This should not flow however with managing director treaty negotiations into the fact that the partners and the managing director argue too much and contrarily with contract details to define and specify but regarding the managing director inventions the linear paths which can be used in writing together and clearly. A further regulation is contained, which is to happen during contractually regular or premature separating of the managing director from the GmbH with current or floating inventions.    

8. Supplementary agreement 

A supplementary agreement to the managing director contract also later offers the possibility to the partners and managing directors of verifying all substantial and here addressed legal questions and of converting their measure gifts to the existing partner and managing director contract.  

This completely un depends of the constellation of the society, their portion and interest distribution and the fact whether the managing director is their member or not.   

Essentially the supplementary agreement should the following emphasis contain and for both parties clearly describe:

• listing of the managing director inventions concerned or already current patent applications
• reduced or unrestricted perception transmission and of the rights to use by the GmbH
• computation and remuneration mode for current or future inventions and registrations of the GmbH to the managing director
• cost objectives for possible registration transmissions to the GmbH
• accurate formulation to stand which inventions managing directors are, whom it property-legally and when the claim for remuneration becomes effective
• definitions to the invention utilization, in which way it is to be resumed patent legal or technically, by a partner resolution
• temporal basic conditions for this
• final divorce liberty of the society over the invention, in particular over in and foreign registrations
• special cases for explanation as trade secret by the society
• running time of the agreement and dispute solution   

It is easy to see that also the supplementary agreement before does not offer an ingenious solution for all conceivable and contractually not considered situations for the managing director as an inventor.

From the necessary dispositions of the contract it is to be recognized in the beginning that for all took part a weighing of interests regarding the property and patent laws, technical-innovative invention promotion, remuneration extent, trend of costs and product creation take place must. 

9. Literature

• § 133, 157, 242, 611, 612, 823 BGB und Art. 14 GG
• § 8 - 12 ArbG § 35 - 52 GmbHG
• § 6 PatG
• DABEI-Handbuch für Erfinder & Unternehmer : Kap. 7.4, Arbeitnehmererfindungsrecht, G. Kaube
• Kommentar über Arbeitnehmererfindungen vom 25.7.57 2.Auflage vom 31. 3.90 : § 1, von PA Dr. Kurt Bartenbach
• Betriebliche Regelung des Erfindungswesens : 4.Auflage, Schade/Gaul/Bartenbach
• GmbH & Co. : Schutz zur persönlichen Haftung : 48 Auflage
• Patente schützen Ideen, Ideen schaffen Arbeit : BMBF-Patentinitiative Innovation 96

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