Inventions, Patents & Intellectual Property Rights

The German Sport University Cologne supports its researchers in securing and commercialising inventions and intellectual property rights. In accordance with the German Employees’ Inventions Act, we assist inventors throughout the patenting and commercialisation process – from the initial consultation through to the filing of the application – without the need for them to pre-finance the patenting costs themselves.

In a nutshell

  • Patent first, then publicise!
  • Members of the university must always report inventions to the German Sport University Cologne!

FAQ

Intellectual property – international 

Known as intellectual property (IP) – its protection is of enormous importance to business, science and research. In order to remain competitive on the international stage, research and development outcomes must be translated quickly and effectively into marketable products. Innovations are safeguarded by industrial property rights, which ensure exclusivity.

A patent is a technical invention, that is, a technical solution to a technical problem.

What is patentable?

  • The invention must be new, i.e. it must not already exist anywhere in the world.
  • There must be an inventive step. This means combining known or unknown elements in such a way that not everyone would have thought of it.
  • The invention must be industrially applicable. This means that it should be marketable and have some practical use.

And why do we need it?  

Patents are primarily drivers of innovation. They confer an exclusive right and give the holder a competitive advantage for a certain period of time. At the same time, this reduces the holder’s R&D risk.

Patents also make technical knowledge freely available. 80 per cent of technical knowledge can be found in patents, yet more than 90 per cent of patents are no longer in force, meaning this knowledge is freely available. At the same time, patents prevent duplicate inventions.

At universities, patents help to raise the institution’s profile by fostering exclusivity and unique selling points in research. They enable the university’s own inventions to be adapted for further industrial development and provide an incentive for industrial collaboration. This is because they establish a clear legal framework for third-party-funded projects in relation to third parties. By demonstrating this capacity for innovation, institutions enhance their competitive advantage when seeking further third-party funding. The resulting revenue can, in turn, be used to fund further research. Furthermore, patents can form the basis for scientific spin-offs.

Procedure for submitting an invention declaration to the German Sport University Cologne:

  1. Please contact us.
  2. Complete an invention disclosure form (restricted access for university staff only)
  3. We work in partnership with PROvendis GmbH, the North Rhine-Westphalia patent commercialisation agency, and will facilitate a discussion with them regarding the details of your invention.
  4. Following a review of the invention disclosure, PROvendis will issue a statement.
  5. The German Sport University Cologne (Rector’s Office) will decide, on the basis of this statement, whether to claim the invention or release it, and whether to file an application for intellectual property rights.
  6. Drafting of the patent specification with a patent attorney.
  7. We support you in commercialising your intellectual property rights, in cooperation with PROvendis.

  • Under the Employees’ Inventions Act (ArbNErfG), there is an obligation to report inventions to the employer. In return, the inventor receives an inventor’s remuneration of 30 per cent of the income from the exploitation of the invention. The university bears both the risks and the costs of filing the application.
     
  • Patents, like publications, are a performance criterion and are therefore crucial for establishing an academic profile.
     
  • Research also always involves securing third-party funding, and the obligations set out by the funding bodies (grant award letter) must be observed. These stipulate, for example, the commercial exploitation of inventions.
     
  • Patents make inventions suitable for further industrial development and are therefore crucial for attracting cooperation partners. In some cases, patents are also a prerequisite for funding programmes relevant to technology transfer (e.g. NRW Patent Validation; desirable for VIP+, as evidence of the degree of innovation/novelty).

Special case: Software

Software is unregistered intellectual property. Copyright arises automatically (without any obligation to register). 

BUT: Does your software perhaps perform a technical function?

If so, it may be a computer-implemented invention. Such inventions must be filed, and any publication may invalidate the patent. Please therefore file your software using the software filing form.

 

Further results or materials

Do you have any further results or materials, such as know-how, antibodies, mouse models or cell lines? Whilst it is not possible to apply for intellectual property rights for all results, they are nevertheless assets that only you possess and which may, where appropriate, be exploited. Please report these as well using the relevant declaration form! 

Inventions made in a private capacity (not employee inventions) must be reported. It makes sense to assign the rights to the German Sport University Cologne if you wish to benefit from centralised, professional IP management. This enhances the quality of intellectual property applications, includes support for commercialisation through the University’s networks and those of the University IP Network, and forms the basis for commercialisation revenue. Further advantages include the transfer of costs and risks, and the opportunity to further develop the invention through publicly funded projects.

Patent first, then publicise!

Prior publications that undermine novelty:

  • Publications (journals, newspapers, media)
  • Oral presentations to investors, etc.
  • Posters, abstracts
  • Published applications for third-party funding, grant progress reports
  • Published master’s and doctoral theses
  • Press releases
  • Internet

What is possible?

  • Submission of a manuscript to specialist journals
  • Presentations / exchange following the signing of a non-disclosure agreement (NDA)
  • Applications for third-party funding
  • Submission of Master’s theses and doctoral dissertations subject to a publication embargo

Department 6.2, the Transfer Office & Start-up Service, offers the following services relating to intellectual property rights to all members of the German Sport University Cologne (students, researchers and staff), in collaboration with, amongst others, the NRW University IP Network:

  • General information on industrial property rights
  • Identification of patentable research results
  • Support with drafting the invention disclosure
  • Advice on the registration and commercialisation of intellectual property rights (in cooperation with PROvendis GmbH)

Novelty searches of patent specifications, alongside searches for publications, provide a comprehensive overview of the current ‘state of the art’ and help to avoid duplication of research. Furthermore, they are increasingly being required by applicants in applications for third-party funding. Patents also serve as a source of information for identifying potential conflicts (freedom to operate) and for analysing trends, competitors and potential licensing or collaboration partners.
A novelty search is carried out as a matter of course by PROvendis when examining an invention disclosure.

Please contact us if, for example, you require a detailed patent search for third-party funding applications; we will advise you on the options available.

 

Here you will find freely accessible, free patent databases that you can use yourself to carry out a preliminary search: