Legislation
SECTION 203-F
Inventions made by employees
Labor (LAB) CHAPTER 31, ARTICLE 7
§ 203-f. Inventions made by employees. 1. Any provision in an
employment 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
anticipated 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
unenforceable.
employment 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
anticipated 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
unenforceable.