Inventor honor

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The inventor's honor , also inventor personality right, is the right of the inventor to be named as inventor or co-inventor. The protection of the inventor's honor arises from Section 37 (1) of the Patent Act (PatG). In the patent granting process, the applicant must name the inventor to the patent office . In principle, the mention must be recorded in the patent register ( Section 63 (1) sentence 2 Patent Act).

The inventor's honor is a highly personal right . A waiver is without legal validity ( Section 63 (1) sentence 5 PatG). As “other right” in the sense of § 823 Paragraph 1 BGB, it is protected under tort law.

In the event of incorrect or omitted designation, the inventor has the right to consent to the correction of the patent register from the applicant ( Section 63 (2) PatG). This claim can be enforced in the corresponding application of § 1004 BGB for the elimination of a dangerous situation, which can only be expected to violate this absolute right, before the inventor is named when the application is disclosed. If false information about the person of the inventor is made on the goods or their packaging in which the invention was used, or if inventor status is contested, the inventor is also entitled to claims for removal and injunctive relief . In the event of negligence, the inventor can also demand compensation.

Individual evidence

  1. BGH, GRUR 1978, 583, 585
  2. BGH, GRUR 1979, 145, 148
  3. ^ BGH, judgment of May 17, 2011 - X ZR 53/08
  4. Benkard -Bruchhausen, PatG , § 6 marginal no. 16
  5. OLG Frankfurt, GRUR 1964, 561, 562
  6. ^ Jürgen Ensthaler : Commercial legal protection and copyright. Springer 2009, p. 160