Patents

Patents are an important tool for exclusively protecting knowledge and thereby for gaining a technological advantage over competing market parties. FOM believes it has a responsibility to identify patentable results from its research.

FOM very much supports the idea that utilisable knowledge should be transferred as quickly as possible (for a market price) to potential users and FOM can help to find such potential users. The users can then apply for the patent themselves. If such a market party is not found then if necessary FOM will apply for the patent itself. However, FOM does not seek to acquire its own patent portfolio.

FOM will encourage awareness of potentially patentable research results by implementing a periodic screening of knowledge potential and by implementing a bonus scheme for inventors. 

FOM patent bonus scheme effective from 1 March 2010

1. The patent bonus regulation is only awarded in the case of 'exceptional income from exploitation', in other words a demonstrable return (after deduction of the costs incurred) of at least k€ 100 and is given in the form of a one-off bonus equivalent to between 1 and 3 months of gross salary to the FOM employee concerned and/or the group of employees whose names are stated on the patent application.
2. The right to this remuneration lapses 10 years after the patent has been applied for.
3. If the return is between k€ 50 and k€ 100 then the employee is eligible for a bonus of maximum € 2500 gross.
4. In the event of exceptionally high exploitation returns over a period of several years then an individual agreement will be reached.
5. A former employee whose name is on the patent application is also eligible for the one-off bonus equivalent to between 1 and 3 months of gross salary if within 5 years after the contract of employment was terminated a demonstrable return (after deduction of the costs incurred) of at least k€ 100 is realised.
6. The returns acquired from a patent/knowledge transaction are (after the deduction of the costs and a remuneration for the inventor(s)) made fully available to the research group from which the patent emerged under the condition that these are used for research and/or research facilities in an adequate manner.
7. The use of this scheme will be evaluated before 1 December 2012, the date on which the current Implementation Regulations (FOM-IR) expire.