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Re:Engineer refusing to file/disclose patents by Tomte on Sunday March 24, 2019 @02:17PM (#19477816)
> If I had such a clause in a contract, I would turn down the opportunity.

That may sound bizarrely unfair to you, but elsewhere (Germany) it's actually the law (but only for inventions/patents, not other IP).

The employee has to tell the employer about any patentable idea, even if not in the general field of his employment, and even if having occurred after hours.

The employer can then either claim the patent (but has to pay something), or he can release the invention (and the employee can patent it on his own).

Re:Engineer refusing to file/disclose patents by BlackLotus89 on Sunday March 24, 2019 @02:36PM (#19477950)
This is only partially true.

You are talking about Arbeitnehmererfindungen and those only belong to the employer if they are created on company time or if they are related to the work (Diensterfindung) every other invention belongs to the inventor (freie Erfindung) see §18 arbnerfg (3) althought you have to submit the invention to your employer if it could be related to the work (1-2)

https://www.gesetze-im-internet.de/arbnerfg/BJNR007560957.ht...

Re:Engineer refusing to file/disclose patents by Tomte on Sunday March 24, 2019 @02:45PM (#19478001)
You're right, I conflated "telling the employer" (required for both kinds of inventions) with the procedure of payment or release (only applicable for one kind). My bad!
Re:Engineer refusing to file/disclose patents by balfirevic on Sunday March 24, 2019 @02:20PM (#19477839)
> That may sound bizarrely unfair to you, but elsewhere (Germany) it's actually the law

Yes, plenty of countries have bizarrely unfair laws.

(edit: it appears that the law in Germany is not as bad as initially presented by the parent comment).

Re:Engineer refusing to file/disclose patents by stingraycharles on Sunday March 24, 2019 @02:47PM (#19478011)
The Netherlands also has these types of laws. Judges are especially likely to rule in the employer’s favor the more senior your role is.

The solution is to just make it explicit to your employer / manager what you’re doing, and save the emails / documents.

Re:Engineer refusing to file/disclose patents by usrusr on Sunday March 24, 2019 @04:55PM (#19478716)
> The employee has to tell the employer about any patentable idea, even if not in the general field of his employment, and even if having occurred after hours.

Just imagine the complete breakdown if a group of employees actually tried to go through with that: every wacky idea, from self-lacing shoes ("seem something similar in a movie") to bipedal gigawatt wind turbines that walk off to windier locations in a lull ("stomp, stomp, stomp! awesome!"). If they have to tell, some poor soul must be obliged to listen!

Re:Engineer refusing to file/disclose patents by cygned on Sunday March 24, 2019 @02:24PM (#19477874)
Also located in Germany; I was not aware of that regulation. I only had one employment contract before I started my own business, but on neither side of HR, I had situations dealing with this issue. Thanks for pointing out.
Re:Engineer refusing to file/disclose patents by toomuchtodo on Sunday March 24, 2019 @02:19PM (#19477826)
I’ve finally found a German law/regulation I take issue with.
Re:Engineer refusing to file/disclose patents by geocar on Sunday March 24, 2019 @02:35PM (#19477948)
Why? It seems pretty good to me.

I did a little googling and it seems, that if you patent something that benefits your company, they can license it from you, and if they patent something you invent, then they have to pay you a revenue share. If they try and fuck you after a disclosure, then you get to keep the patent.

Re:Engineer refusing to file/disclose patents by toomuchtodo on Sunday March 24, 2019 @02:40PM (#19477973)
I recind my above statement. That is surprisingly (as an American) reasonable. The comment I replied to made it sound much more onerous, but with those details it sounds very fair.
Re:Engineer refusing to file/disclose patents by cygned on Sunday March 24, 2019 @02:44PM (#19477997)
This comment quotes what the regulation actually states:

https://news.ycombinator.com/item?id=19477950

Re:Engineer refusing to file/disclose patents by Tomte on Sunday March 24, 2019 @02:21PM (#19477851)
I need to look up sometime what happens when you have two jobs. That's uncommon here, but I'm sure the law spells it out.

(Edit: couldn't find it in the law, and will not be in the University library soon to check the legal commentaries — but I still find that question interesting)

Re:Engineer refusing to file/disclose patents by albinowax_ on Sunday March 24, 2019 @02:24PM (#19477875)
They have a dubious law banning 'dual use' security tools too