4 ms·
California Labor Code, Division 3, Chapter 2, Section 2870[0] states; (a) Any provision in an employment agreement which provides that an employee shall as
by tankenmate 9y ago
California Labor Code, Division 3, Chapter 2, Section 2870[0] states;
(a) 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:
(1) 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
(2) Result from any work performed by the employee for
the employer.
(b) 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 (a), the provision is against the
public policy of this state and is unenforceable.
I have another comment in response to someone else's about Washington state law, you can search for it.
[0] https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=LAB&division=3.&title=&part=&chapter=2.&article=3.5 https://leginfo.legislature.ca.gov/faces/codes_displayText.x....