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2006 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

181.78 AGREEMENTS; TERMS RELATING TO INVENTIONS.
    Subdivision 1. Inventions not related to employment. Any provision in an employment
agreement which provides that an employee shall assign or offer to assign any of the employee's
rights in an invention to the employer shall not apply to an invention for which no equipment,
supplies, facility or trade secret information of the employer was used and which was developed
entirely on the employee's own time, and (1) which does not relate (a) directly to the business of
the employer or (b) to the employer's actual or demonstrably anticipated research or development,
or (2) which does not result from any work performed by the employee for the employer. Any
provision which purports to apply to such an invention is to that extent against the public policy
of this state and is to that extent void and unenforceable.
    Subd. 2. Effect of subdivision 1. No employer shall require a provision made void and
unenforceable by subdivision 1 as a condition of employment or continuing employment.
    Subd. 3. Notice to employee. If an employment agreement entered into after August 1, 1977
contains a provision requiring the employee to assign or offer to assign any of the employee's
rights in any invention to an employer, the employer must also, at the time the agreement is
made, provide a written notification to the employee that the agreement does not apply to an
invention for which no equipment, supplies, facility or trade secret information of the employer
was used and which was developed entirely on the employee's own time, and (1) which does not
relate (a) directly to the business of the employer or (b) to the employer's actual or demonstrably
anticipated research or development, or (2) which does not result from any work performed
by the employee for the employer.
History: 1977 c 47 s 1; 1986 c 444

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