New York Labor Law: Certain Employee Inventions Belong To Employees
JDSupra.com reports New York State’s recent addition of Section 203-f to Labor Law declares unenforceable any provisions in existing and future employment agreements requiring an Employee to assign to the employer those inventions developed entirely on the Employee’s own time without using the employer’s equipment, supplies, facilities or trade secrets. The new law is rooted in public policy to strengthen Intellectual Property protections for Workers, encourage innovation and grow the New York Tech Sector. The new law does not apply to inventions that “relate to” the employer’s business or “result from” work performed for the employer, but the State Legislature recognized that “overly broad contracts can rob Employees of their intellectual property.” As a result, certain inventions made while under an employment contract are non-assignable by the employment contract.
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