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HF 76

as introduced - 90th Legislature (2017 - 2018) Posted on 04/16/2018 04:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to creative freedom; adopting the Creative Freedom Act; regulating
employee invention agreements for veterans; amending Minnesota Statutes 2016,
section 181.78, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2016, section 181.78, is amended by adding a subdivision
to read:


Subd. 4.

Employee invention rights for veterans.

(a) This subdivision applies to an
invention or proposal by an employee in which the employer has an enforceable interest by
contract or otherwise. This subdivision only applies to employees who are military veterans
as defined in section 197.447.

(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 six months of the
submission of the invention or proposal or forfeit all rights and interests in the invention or
proposal to the employee. This paragraph does not apply to inventions that relate to the
employer's existing product line, nor to any invention in which the employer has made a
substantial direct investment.

(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.

(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.

(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.

Sec. 2. TITLE.

Section 1 may be known as the "Creative Freedom Act."