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.
STATE OF NEW YORK
________________________________________________________________________
5295
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. BORES -- read once and referred 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
