On January 9, 2025 (Case No. 2 U 1/24), the Higher Regional Court of Düsseldorf dismissed the appeal of a former independent contractor against a judgment of the Regional Court of Düsseldorf. The plaintiff, a mechanical engineer with many years of experience in the field of stud welding technology, demanded the transfer of several patents as well as claims for information and damages. He argued that the defendant company had filed patents based on his inventions without his consent, even though he had worked as a freelancer and therefore retained the rights to the inventions.
The court saw it differently: despite his status as an independent contractor, there had been an implicit agreement over decades whereby the plaintiff allowed the defendant to file patents for his inventions. The plaintiff had been centrally involved in the application process, acted as the point of contact for patent attorneys for many years, and had never objected to this practice. Based on this conduct, the court concluded that there was an implied agreement to transfer the rights. Consequently, the defendant had not filed the patents unlawfully, and all asserted claims – including those for transfer of rights, co-ownership, information, and damages – were dismissed. konkludente Vereinbarung zur Übertragung der Rechte. Damit lag keine widerrechtliche Patentanmeldung durch die Beklagte vor, sodass sämtliche geltend gemachten Ansprüche – einschließlich auf Übertragung, Mitberechtigung, Auskunft und Schadenersatz – abgewiesen wurden.
The court did not allow a revision. The judgment underscores the relevance of implied agreements in long-standing business relationships, particularly in freelance work involving research and development activities.