A patent is the most effective way to protect IP as it entitles the holder of the patent to exclude all third parties from commercializing the patented inventive idea for a period of 20 years, starting from the date of filing (there is however an exception: scientific research on the subject of the invention is free). The holder of the patent is free to use it commercially, but he can also grant a license to third parties, allowing them commercial use of the invention. All patent applications are disclosed after 18 months and made accessible to the public in order to contribute to the dissemination of technical knowledge.
As scientists of the Max Planck Society are obliged to publish the results of their research as soon as possible, you should try to protect your invention by filing for patent applications prior to publication. Once you have filed a patent application, priority is ensured under patent law and there is usually no obstacle to scientific publication.
Besides patents, the utility model offers protection for smaller inventions, e.g. technical improvements. However, this protection does not cover process inventions and is limited to a maximum of 10 years. Also, broad international protection is not possible. Therefore the utility model is of minor importance to the Max Planck Society.

Novelty
An invention is regarded as novel if it is not part of the prior art. Prior art includes all knowledge in the public domain – either through written or verbal specification, through use or in any other way – prior to the patent application. This includes, in particular, lectures at scientific conferences or the publication of articles and abstracts in scientific journals. An announcement by the inventor himself also destroys the novelty of the invention.

Inventive step
The inventive step refers to the intellectual achievement behind the invention. An inventive step exists, when the inventive idea cannot be considered “obvious” to a person skilled in the art. However, even a minor step forward compared to the prior art might be inventive. Likewise, the advantageous novel combination of already known circumstances or newly discovered applications (e.g. a second medical indication for a marketed drug) may be regarded as inventive.

Commercial applicability
An invention is considered to be commercially applicable if it appears suitable for manufacture or for use in any industrial sector. No evidence of this suitability has to be provided during the application phase. However, processes for surgical or therapeutic treatment of the human or animal body as well as diagnostic processes performed on the human or animal body are not regarded as being commercially applicable, although the associated substances and implements are.

Inventions made by MPG staff members usually emerge within the scope of their research activities or are based on the institute's experience or work. These inventions are thus called "employee inventions". In accordance with the German Employees' Inventions Act, the employer, i.e. the Max Planck Society, is entitled to such inventions – in so far as the Max Planck Society claims them under the stipulations of the act. The claim will be examined and lodged within four months after the filing of your invention disclosure form.

Please ask your institute's management or turn to us for advice. Just call us – no red tape involved!

After receiving your invention disclosure form, we examine whether the invention is likely to lead to a successful patent application and we evaluate the commercial potential. To this end, we conduct patent searches and market research. If the evaluation is positive – and after clearance with you and the Max Planck Institute, who meet the costs of the application – we instruct an independent patent attorney experienced in the relevant field to draw up the patent application. We aim to burden you as little as possible with this process. In general, the rough draft of a planned publication is a sufficient basis for a patent application. Subsequently, you will receive an outline of the application for your review and will be asked to answer any unresolved questions. Occasionally, a working session with the patent attorney may be necessary.

The costs for patenting are initially borne by the relevant Max Planck Institute. From the introduction of the international phases (e.g Europe, USA, Canada), the costs can be reimbursed centrally. For independent junior groups, reimbursement is possible after submitting the so-called PCT application. Please contact us if you have any questions.

This is a complex question, and unfortunately the regulations in Germany, Europe, and the US are not standardized. There is agreement, however, that software can be patented if it is linked to a technical application (so-called computer-implemented invention – e.g. measuring, control and adjustment software). For example, the software preventing the blocking of car wheels during breaking (antilock braking system) is patented.
Frequently, a decision is made not to patent software, which is instead classified and commercialized as technical know-how. As a rule, software is covered by copyright protection if it clearly surpasses the usual process of creating programmes with more or less routine, mechanical-technical stringing together of existing algorithms etc. Copyright protection exists from the point of completion of the software. In contrast to patents, no official document is issued by a public authority. Similar to know-how, software written by employees of the Max Planck Society within the scope of their work belongs to the Max Planck Society without any formal acts. If you have written software, we kindly ask you to fill out an invention disclosure form. The Max Planck Society remunerates employees for commercialized software according to the employees' invention regulations.

Industry often is interested to collaborate on a particular research area with a Max Planck Institute or to further develop a licensed invention in collaboration with the Max Planck Institute. The respective cooperation agreements usually provide for grants that allow the institute to carry out the developmental work.
The following should be ensured when drawing up the contract: that the subject of the collaboration is sufficiently narrowed down so that it does not comprise the whole research area of the department involved; that the freedom of the institute to publish is guaranteed (taking into account the interest of the collaboration partner); that inventions made by scientists of the Max Planck Society within the scope of the collaboration are owned by the Max Planck Society and not the industry partner (usually, the industry partner is granted an option for a license with fair terms), and that license fees are not waived in exchange for contributions in kind or research grants. Although we provide support for the closing of a consultancy agreement, the formal responsibility lies with your institute and the finance department of the Max Planck Society. In contrast to license agreements, which are closed by Max Planck Innovation, cooperation agreements are concluded between the industry partner and the institute itself.

Material samples arising from one's own research activities should only be given to third parties for research purposes, and then either to scientists with whom one is on friendly terms, or to recognized research institutions, on the basis of a written agreement. If you are not the supplier but rather the recipient of material samples, you should turn in the MTAs from the respective research institutions or companies for review by the Max Planck Society prior to signing.