Bill Text: MN SF21 | 2013-2014 | 88th Legislature | Introduced


Bill Title: Veterans employee invention agreements regulation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-22 - Author stricken Koenen [SF21 Detail]

Download: Minnesota-2013-SF21-Introduced.html

1.1A bill for an act
1.2relating to employment; regulating employee invention agreements for veterans;
1.3amending Minnesota Statutes 2012, section 181.78, by adding a subdivision.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5    Section 1. Minnesota Statutes 2012, section 181.78, is amended by adding a
1.6subdivision to read:
1.7    Subd. 4. Employee invention rights for veterans. (a) This subdivision applies
1.8to an invention or proposal by an employee in which the employer has an enforceable
1.9interest by contract or otherwise. This subdivision only applies to employees who are
1.10military veterans as defined in section 197.447.
1.11(b) An employer who has a right to develop or utilize an invention or proposal
1.12must make a substantial investment in the invention or proposal within 60 days of the
1.13submission of the invention or proposal or forfeit all rights and interests in the invention
1.14or proposal to the employee. This paragraph does not apply to inventions that relate to the
1.15employer's existing product line, nor to any invention in which the employer has made
1.16a substantial direct investment.
1.17(c) An employee who has acquired the rights and interests of an employer under
1.18paragraph (b) or (e) may transfer that interest in the invention or proposal to anyone.
1.19(d) An employer must notify in writing an employee who submits an invention or
1.20proposal to the employer of the employee's right under this subdivision within ten days of
1.21the submission. The employer must date and describe the proposal or invention received
1.22by the employer and provide a copy to the employee.
1.23(e) An employer shall determine whether an invention or proposal will be utilized by
1.24the employer as soon as practicable following submission of the invention or proposal to
2.1the employer. Notwithstanding the time frame provided in paragraph (b), an employer
2.2who has determined an invention or proposal will not be utilized by the employer shall
2.3affirmatively surrender the rights and interests in the invention or proposal to the employee.
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