From phm@a2e.de  Thu Nov 15 17:36:44 2001
From: phm@a2e.de (PILCH Hartmut)
Date: Thu, 15 Nov 2001 18:36:44 +0100 (CET)
Subject: [Patents] swpat break employee inventor remuneration regulations
Message-ID: <Pine.LNX.4.33.0111151835480.8812-100000@mulix.oas.a2e.de>

---------- Forwarded message ----------
Date: Thu, 15 Nov 2001 18:24:39 +0100 (CET)
From: PILCH Hartmut <phm@a2e.de>
Reply-To: intprop-l@topica.com
To: intprop-l@topica.com
Subject: Re: [FYI] Drastic changes to the German Act on Employees Inventions

> > Moreover, the
> > right of the employer to receive additional remuneration depending of
> > the economic effects of the invention is to be substantially
> > simplified.
> >
>
> ???

I guess he meant "right of the employee".

The employee gets a share of the invention-relevant turnover/profit
according to table (brute expression of mathematical relation, apparently
designed for conveniency of the law-writer).

I think that this whole approach is likely to fall apart as patents are
being granted on a wider and wider range of subject matter.  With
software, it is quite arbitrary if not impossible to say what the
"invention-relevant turnover/profit" could be.  Even if the rate is quite
low (<2% of turnover) and the rule more straightforward than before, it is
likely to keep on creating an atmosphere of tensions and insecurity
between employers and employees.

-- 
Hartmut Pilch                                         http://phm.ffii.org/
Protecting Innovation against Patent Inflation	    http://swpat.ffii.org/
90000 signatures against software patents       http://www.noepatents.org/

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