Senate Bill S5640

Signed By Governor
2023-2024 Legislative Session

Provides that employment provisions that require an employee to assign certain inventions shall be unenforceable

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S5640 (ACTIVE) - Details

See Assembly Version of this Bill:
A5295
Law Section:
Labor Law
Laws Affected:
Add §203-f, Lab L

2023-S5640 (ACTIVE) - Summary

Provides that employment provisions that require an employee to assign certain inventions that are made on the employee's own time and which do not use the employer's equipment, supplies, facilities, or trade secret information shall be unenforceable.

2023-S5640 (ACTIVE) - Sponsor Memo

2023-S5640 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5640
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to inventions made by employ-
   ees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The labor law is amended by adding a new section 203-f to
 read as follows:
   § 203-F. INVENTIONS MADE BY EMPLOYEES. 1. ANY PROVISION IN AN  EMPLOY-
 MENT AGREEMENT WHICH PROVIDES THAT AN EMPLOYEE SHALL ASSIGN, OR OFFER TO
 ASSIGN,  ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER
 SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY  ON
 HIS  OR  HER  OWN TIME WITHOUT USING THE EMPLOYER'S EQUIPMENT, SUPPLIES,
 FACILITIES, OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT
 EITHER:
   (A) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE  OF  THE
 INVENTION  TO  THE EMPLOYER'S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTIC-
 IPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYER; OR
   (B) RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER.
   2. TO THE EXTENT A PROVISION IN AN EMPLOYMENT  AGREEMENT  PURPORTS  TO
 REQUIRE AN EMPLOYEE TO ASSIGN AN INVENTION OTHERWISE EXCLUDED FROM BEING
 REQUIRED  TO  BE  ASSIGNED  UNDER  SUBDIVISION ONE OF THIS SECTION, SUCH
 PROVISION IS AGAINST THE PUBLIC POLICY OF THIS STATE AND SHALL BE  UNEN-
 FORCEABLE.
   § 2.  This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08936-01-3

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