Bill Text: NY S05640 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that employment provisions that require an employee to assign certain inventions that are made on the employee's own time and which do not use the employer's equipment, supplies, facilities, or trade secret information shall be unenforceable.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2023-09-15 - SIGNED CHAP.434 [S05640 Detail]

Download: New_York-2023-S05640-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5640

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 10, 2023
                                       ___________

        Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Labor

        AN ACT to amend the labor law, in relation to inventions made by employ-
          ees

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The labor law is amended by adding a new section 203-f to
     2  read as follows:
     3    § 203-f. Inventions made by employees. 1. Any provision in an  employ-
     4  ment agreement which provides that an employee shall assign, or offer to
     5  assign,  any of his or her rights in an invention to his or her employer
     6  shall not apply to an invention that the employee developed entirely  on
     7  his  or  her  own time without using the employer's equipment, supplies,
     8  facilities, or trade secret information except for those inventions that
     9  either:
    10    (a) relate at the time of conception or reduction to practice  of  the
    11  invention  to  the employer's business, or actual or demonstrably antic-
    12  ipated research or development of the employer; or
    13    (b) result from any work performed by the employee for the employer.
    14    2. To the extent a provision in an employment  agreement  purports  to
    15  require an employee to assign an invention otherwise excluded from being
    16  required  to  be  assigned  under  subdivision one of this section, such
    17  provision is against the public policy of this state and shall be  unen-
    18  forceable.
    19    § 2.  This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08936-01-3