SF 363

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to employment; regulating employee invention 
  1.3             agreements; amending Minnesota Statutes 1998, section 
  1.4             181.78, by adding a subdivision. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 181.78, is 
  1.7   amended by adding a subdivision to read: 
  1.8      Subd. 4.  [FORFEITURE OF EMPLOYER RIGHTS.] (a) This 
  1.9   subdivision applies to an invention or proposal by an employee 
  1.10  in which the employer had an enforceable interest by contract or 
  1.11  otherwise. 
  1.12     (b) The employee must submit the invention or proposal to 
  1.13  the employer in dated written form and keep a copy. 
  1.14     (c) An employer who agrees to develop or utilize the 
  1.15  invention or proposal must make a decision to do so within one 
  1.16  year of the submission of the invention or proposal and make a 
  1.17  substantial investment in the invention or proposal within one 
  1.18  year of that decision or forfeit all rights and interests in the 
  1.19  invention or proposal to the employee. 
  1.20     (d) An employee who has acquired the rights and interests 
  1.21  of an employer under paragraph (c) may transfer that interest in 
  1.22  the invention or proposal to anyone. 
  1.23     (e) Affected employers must post notice of this subdivision 
  1.24  in a conspicuous place at all times.