4 ms·
Washington state law says in Title 49, Chapter 44, section 140[0]; Requiring assignment of employee's rights to inventions - Conditions. (1) A provision
by tankenmate 9y ago
Washington state law says in Title 49, Chapter 44, section 140[0];
Requiring assignment of employee's rights to inventions
- Conditions.
(1) A provision in an employment agreement which provides
that an employee shall assign or offer to assign any of
the employee's rights in an invention to the employer
does not apply to an invention for which no equipment,
supplies, facilities, or trade secret information of the
employer was used and which was developed entirely on
the employee's own time, unless (a) the invention
relates (i) directly to the business of the employer, or
(ii) to the employer's actual or demonstrably
anticipated research or development, or (b) the
invention results from any work performed by the
employee for the employer. Any provision which purports
to apply to such an invention is to that extent against
the public policy of this state and is to that extent
void and unenforceable.
(2) An employer shall not require a provision made void
and unenforceable by subsection (1) of this section as a
condition of employment or continuing employment.
(3) If an employment agreement entered into after
September 1, 1979, contains a provision requiring the
employee to assign any of the employee's rights in any
invention to the employer, the employer must also, at
the time the agreement is made, provide a written
notification to the employee that the agreement does not
apply to an invention for which no equipment, supplies,
facility, or trade secret information of the employer
was used and which was developed entirely on the
employee's own time, unless (a) the invention relates
(i) directly to the business of the employer, or (ii)
to the employer's actual or demonstrably anticipated
research or development, or (b) the invention results
from any work preformed [performed] by the employee for
the employer.
Please note I have made another comment in reply to someone else's about California state law, you can search for it.
[0] https://app.leg.wa.gov/RCW/default.aspx?cite=49.44.140 https://app.leg.wa.gov/RCW/default.aspx?cite=49.44.140