Employee inventions, confidentiality and non-compete clauses

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Protect business knowledge and employee-created assets with rules that fit German employment and intellectual property law.

What we help you decide

Employee inventions, confidentiality and non-compete clauses. We assess the relevant documents, explain the available routes and agree the scope of advice before taking further steps.

Inventions and other work results

Employee inventions have a statutory framework distinct from ordinary copyright and contractual confidentiality. Identify the creator, employment context, reporting process and employer response. Remuneration and ownership should not be assumed from a broad global IP clause.

Confidentiality and trade secrets

Define the information requiring protection and use practical access controls, classification and return procedures. A confidentiality clause alone may not establish the reasonable secrecy measures required for trade-secret protection.

Post-contractual restrictions

A post-employment non-compete requires particular scrutiny, including form, legitimate scope, duration and compensation. Invalid or non-binding wording can undermine the commercial objective and create payment disputes. Review solicitation restrictions and penalty clauses individually.

Practical example

An engineer leaves for a competitor after developing a new process. We separate invention rights, confidential information, devices and any restrictive covenant before deciding which requests or court measures are justified.

Documents for an initial review

  • Contract and restrictive covenants
  • Invention reports and employer responses
  • Confidentiality policy and access controls
  • Exit correspondence and evidence

Related advice

Employee data, AI and internal investigations · Executive employment and directors’ service contracts · All employment law services · Discuss your matter

Legal sources

Reviewed: 8 November 2026. The application of these rules depends on the facts, the relevant documents and any applicable collective arrangements.