44-130.Employment agreements assigning employee rights in inventionsto employer; restrictions; certain provisions void; notice and disclosure.(a) Any provision in an employment agreementwhich provides that an employee shall assign or offerto assign any of the employee's rights in an invention to the employershall not apply to an invention for which no equipment, supplies,facilities or trade secret information of the employer was used and whichwas developed entirely on the employee's own time, unless:
(1) The invention relates to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(b) Any provision in an employment agreementwhich purports to apply to an invention which it is prohibitedfrom applying to under subsection (a), is to that extent against the publicpolicy of this state and is to that extent void and unenforceable. Noemployer shall require a provision made void and unenforceable by thissection as a condition of employment or continuing employment.
(c) If an employment agreement containsa provision requiring the employee to assign any of the employee's rightsin any invention to the employer, the employer shall provide, at the timethe agreement is made, a written notification to the employee that theagreement does not apply to an invention for which no equipment, supplies,facility or trade secret information of the employer was used and which wasdeveloped entirely on the employee's own time, unless:
(1) The invention relates directly to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(d) Even though the employee meets the burden of proving the conditionsspecified in this section, the employee shall disclose, at the time of employment orthereafter, all inventions being developed by the employee, for the purposeof determining employer and employee rights in an invention.
44-130.Employment agreements assigning employee rights in inventionsto employer; restrictions; certain provisions void; notice and disclosure.(a) Any provision in an employment agreementwhich provides that an employee shall assign or offerto assign any of the employee's rights in an invention to the employershall not apply to an invention for which no equipment, supplies,facilities or trade secret information of the employer was used and whichwas developed entirely on the employee's own time, unless:
(1) The invention relates to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(b) Any provision in an employment agreementwhich purports to apply to an invention which it is prohibitedfrom applying to under subsection (a), is to that extent against the publicpolicy of this state and is to that extent void and unenforceable. Noemployer shall require a provision made void and unenforceable by thissection as a condition of employment or continuing employment.
(c) If an employment agreement containsa provision requiring the employee to assign any of the employee's rightsin any invention to the employer, the employer shall provide, at the timethe agreement is made, a written notification to the employee that theagreement does not apply to an invention for which no equipment, supplies,facility or trade secret information of the employer was used and which wasdeveloped entirely on the employee's own time, unless:
(1) The invention relates directly to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(d) Even though the employee meets the burden of proving the conditionsspecified in this section, the employee shall disclose, at the time of employment orthereafter, all inventions being developed by the employee, for the purposeof determining employer and employee rights in an invention.
44-130.Employment agreements assigning employee rights in inventionsto employer; restrictions; certain provisions void; notice and disclosure.(a) Any provision in an employment agreementwhich provides that an employee shall assign or offerto assign any of the employee's rights in an invention to the employershall not apply to an invention for which no equipment, supplies,facilities or trade secret information of the employer was used and whichwas developed entirely on the employee's own time, unless:
(1) The invention relates to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(b) Any provision in an employment agreementwhich purports to apply to an invention which it is prohibitedfrom applying to under subsection (a), is to that extent against the publicpolicy of this state and is to that extent void and unenforceable. Noemployer shall require a provision made void and unenforceable by thissection as a condition of employment or continuing employment.
(c) If an employment agreement containsa provision requiring the employee to assign any of the employee's rightsin any invention to the employer, the employer shall provide, at the timethe agreement is made, a written notification to the employee that theagreement does not apply to an invention for which no equipment, supplies,facility or trade secret information of the employer was used and which wasdeveloped entirely on the employee's own time, unless:
(1) The invention relates directly to the business of the employer or tothe employer's actual or demonstrably anticipated research or development; or
(2) the invention results from any work performed by the employee for the employer.
(d) Even though the employee meets the burden of proving the conditionsspecified in this section, the employee shall disclose, at the time of employment orthereafter, all inventions being developed by the employee, for the purposeof determining employer and employee rights in an invention.
