SF 78

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:14am

A bill for an act
relating to employment; regulating employee invention agreements; amending
Minnesota Statutes 2010, section 181.78, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 181.78, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Employee invention rights. new text end

new text begin (a) This subdivision applies to an invention or
proposal by an employee in which the employer has an enforceable interest by contract
or otherwise.
new text end

new text begin (b) An employer who has a right to develop or utilize an invention or proposal
must make a substantial investment in the invention or proposal within two years of the
submission of the invention or proposal or forfeit all rights and interests in the invention
or proposal to the employee.
new text end

new text begin (c) An employee who has acquired the rights and interests of an employer under
paragraph (b) or (e) may transfer that interest in the invention or proposal to anyone.
new text end

new text begin (d) An employer must notify in writing an employee who submits an invention or
proposal to the employer of the employee's right under this subdivision within ten days of
the submission. The employer must date and describe the proposal or invention received
by the employer and provide a copy to the employee.
new text end

new text begin (e) An employer shall determine whether an invention or proposal will be utilized by
the employer as soon as practicable following submission of the invention or proposal to
the employer. Notwithstanding the time frame provided in paragraph (b), an employer
who has determined an invention or proposal will not be utilized by the employer shall
affirmatively surrender the rights and interests in the invention or proposal to the employee.
new text end