New York has enacted a law aimed at safeguarding the rights of employees regarding the inventions they create.
- The law stipulates that any employment agreement clause requiring employees to assign invention rights to their employer will not apply if the invention was developed entirely on the employee’s own time, using solely their own resources.
- Exceptions are made for inventions that either relate to the employer’s business, anticipated research or development, or result from any work performed by the employee for the employer.
- Any agreement clause attempting to require assignment of inventions otherwise excluded by law is against the public policy of New York State and is unenforceable.
Note that existing provisions that conflict with this new law are considered unenforceable.