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Free check · approx. 3 minutes

Can your invention be protected?

We at ITMR Rechtsanwälte built this check for founders, developers and companies. Four questions show you which routes to protection may be available and what you should clarify before your next presentation.

Classify your invention

Step 1 of 4
1. What have you developed?

Choose what fits best.

What this check takes into account

Why is early publication critical?

Under Section 3 of the German Patent Act (PatG), a patent requires the invention to be new. Even your own publication before filing can destroy novelty. For utility models, under Section 3(1) of the Utility Model Act (GebrMG), your own description or use within six months before filing is disregarded.

Is software patentable?

Computer programs as such are not patentable under Section 1(3) and (4) PatG. However, software with a technical contribution can be part of a patentable invention.

What applies to inventions by employees?

Employees must report service inventions without delay under Section 5 of the Employee Inventions Act (ArbnErfG). The company can claim them; the employee then receives remuneration.

Are there alternatives to a patent?

Depending on the goal, utility models, designs, confidentiality as a trade secret or contractual safeguards may be options. Which route fits depends on the invention, the market and the budget.