Bill Text: MN SF78 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Employee invention agreements regulation
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - Referred to Jobs and Economic Growth [SF78 Detail]
Download: Minnesota-2011-SF78-Introduced.html
1.2relating to employment; regulating employee invention agreements; amending
1.3Minnesota Statutes 2010, 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 2010, section 181.78, is amended by adding a
1.6subdivision to read:
1.7 Subd. 4. Employee invention rights. (a) This subdivision applies to an invention or
1.8proposal by an employee in which the employer has an enforceable interest by contract
1.9or otherwise.
1.10(b) An employer who has a right to develop or utilize an invention or proposal
1.11must make a substantial investment in the invention or proposal within two years of the
1.12submission of the invention or proposal or forfeit all rights and interests in the invention
1.13or proposal to the employee.
1.14(c) An employee who has acquired the rights and interests of an employer under
1.15paragraph (b) or (e) may transfer that interest in the invention or proposal to anyone.
1.16(d) An employer must notify in writing an employee who submits an invention or
1.17proposal to the employer of the employee's right under this subdivision within ten days of
1.18the submission. The employer must date and describe the proposal or invention received
1.19by the employer and provide a copy to the employee.
1.20(e) An employer shall determine whether an invention or proposal will be utilized by
1.21the employer as soon as practicable following submission of the invention or proposal to
1.22the employer. Notwithstanding the time frame provided in paragraph (b), an employer
1.23who has determined an invention or proposal will not be utilized by the employer shall
1.24affirmatively surrender the rights and interests in the invention or proposal to the employee.
1.3Minnesota Statutes 2010, 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 2010, section 181.78, is amended by adding a
1.6subdivision to read:
1.7 Subd. 4. Employee invention rights. (a) This subdivision applies to an invention or
1.8proposal by an employee in which the employer has an enforceable interest by contract
1.9or otherwise.
1.10(b) An employer who has a right to develop or utilize an invention or proposal
1.11must make a substantial investment in the invention or proposal within two years of the
1.12submission of the invention or proposal or forfeit all rights and interests in the invention
1.13or proposal to the employee.
1.14(c) An employee who has acquired the rights and interests of an employer under
1.15paragraph (b) or (e) may transfer that interest in the invention or proposal to anyone.
1.16(d) An employer must notify in writing an employee who submits an invention or
1.17proposal to the employer of the employee's right under this subdivision within ten days of
1.18the submission. The employer must date and describe the proposal or invention received
1.19by the employer and provide a copy to the employee.
1.20(e) An employer shall determine whether an invention or proposal will be utilized by
1.21the employer as soon as practicable following submission of the invention or proposal to
1.22the employer. Notwithstanding the time frame provided in paragraph (b), an employer
1.23who has determined an invention or proposal will not be utilized by the employer shall
1.24affirmatively surrender the rights and interests in the invention or proposal to the employee.
