The topic of this work is whether Sec. 42 of the German Employee Invention Act (Arbeitnehmererfindergesetz, in the following: ArbNErfG) should remain unchanged, whether it should be abolished, or whether it should be amended. Sec. 42 ArbNErfG concerns the privilege of university professors (in the following \"professorial privilege\"). It strengthens the position of university professors compared to regular employees by excluding the requisition of the inventions made by university professors by their employer, despite their employment at a university, professors enjoy the status of an independent or \"free\" inventor. Consequently, the right to the patent and thus the monetary rewards from the exploitation of patents are awarded to the professors. The exceptional rule laid down in Sec. 42 ArbNErfG has been included in the Act to warrant the freedom of academic teaching and research and to stimulate the research at the universities. However, Sec. 42 is highly controversial. Opponents of the professorial privilege negate a stimulating effect and rather view the professorial privilege as a \"patent brake\" or as a \"hindrance to investments\". In particular, it is criticized that professors and university teachers are publicly funded but may privately skim off the profits from the exploitation of the inventions made at the university and provide no return flow to the public sector. This work investigates the actual importance of the professorial privilege and whether the professorial privilege has a stimulating or hindering effect on the development and exploitation of inventions made at a university. Further, it is asked whether and how an abolishment or a reform of the professorial privilege leads to an improvement of the patent situation at the universities, particularly to an improved exploitation of the inventions made at a university, and how far a reform of Sec. 42 ArbNErfG is constitutionally allowable.     «

The topic of this work is whether Sec. 42 of the German Employee Invention Act (Arbeitnehmererfindergesetz, in the following: ArbNErfG) should remain unchanged, whether it should be abolished, or whether it should be amended. Sec. 42 ArbNErfG concerns the privilege of university professors (in the following \"professorial privilege\"). It strengthens the position of university professors compared to regular employees by excluding the requisition of the inventions made by university professors by...    »