3 ms·
It depends on what jurisdiction you're in, but for example in California: 2870. (a) Any provision in an employment agreement which provides that an employee
by lalaithion 6y ago
It depends on what jurisdiction you're in, but for example in California:
2870.
(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.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=2870 https://leginfo.legislature.ca.gov/faces/codes_displaySectio....
- VoxPelli 6y agoInventions are protected by patents though? The problem here is around intellectual property, not patents, no?
- christphrdunder 6y agoi have heard that the problem with this is that #1 ("relate to the employer's business") can potentially be interpreted to include most / nearly all tech if the employer is a Big Tech Co (due to the enormous scope of technical projects/ventures these companies have). i am curious what if any precedent exists here. obligatory IANAL