California Labor Code Section 2870 Sample Clauses
California Labor Code Section 2870 defines the limits of an employer’s rights to claim ownership over inventions created by employees. Specifically, it states that inventions developed entirely on an employee’s own time, without using the employer’s equipment, supplies, facilities, or trade secrets, generally belong to the employee, unless the invention relates directly to the employer’s business or anticipated research. This clause protects employees from overly broad claims by employers on inventions made outside the scope of employment, ensuring that personal innovation and creativity are not unfairly appropriated by employers.
POPULAR SAMPLE Copied 1 times
California Labor Code Section 2870. Any provision in this Agreement that requires Employee to assign rights to an Invention shall not apply to any invention that is exempted pursuant to the provisions of California Labor Code Section 2870, the text of which is attached to this Agreement as Exhibit A. This section provides that the requirement to assign "shall not apply to an invention that the employee developed entirely on his or her own time without using the employer's equipment, supplies, facilities, or trade secret information except for those inventions that either: (1) relate at the time of conception or reduction to practice of the invention to the employer's business, or actual or demonstrably anticipated research or development of the employer; or (2) result from any work performed by the employee for the employer."
California Labor Code Section 2870 a). For the avoidance of doubt, Developments do not include any invention covered by California Labor Code Section 2870(a). Section 2870(a) provides: ANY PROVISION IN AN EMPLOYMENT AGREEMENT WHICH PROVIDES THAT AN EMPLOYEE SHALL ASSIGN, OR OFFER TO ASSIGN, ANY OF HIS OR HER RIGHTS IN AN INVENTION TO HIS OR HER EMPLOYER SHALL NOT APPLY TO AN INVENTION THAT THE EMPLOYEE DEVELOPED ENTIRELY ON HIS OR HER OWN TIME WITHOUT USING THE EMPLOYER’S EQUIPMENT, SUPPLIES, FACILITIES, OR TRADE SECRET INFORMATION EXCEPT FOR THOSE INVENTIONS THAT EITHER:
a. RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION TO THE EMPLOYER’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYER; OR
b. RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER.
California Labor Code Section 2870. 2.6.1 Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either:
(a) Relate at the time of conception or reduction to practice of the invention to the employer’s business, or actual or demonstrably anticipated research or development of the employer.
(b) Result from any work performed by the employee for the employer.
2.6.2 To the extent a provision in an employment agreement purports to require an employee to assign an invention otherwise excluded from being required to be assigned under Section 2.6.1, the provision is against the public policy of California and is unenforceable.
California Labor Code Section 2870 a). For the avoidance of doubt, Developments do not include any invention covered by California Labor Code Section 2870(a). Section 2870(a) provides:
(1) RELATE AT THE TIME OF CONCEPTION OR REDUCTION TO PRACTICE OF THE INVENTION TO THE EMPLOYER’S BUSINESS, OR ACTUAL OR DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE EMPLOYER; OR
(2) RESULT FROM ANY WORK PERFORMED BY THE EMPLOYEE FOR THE EMPLOYER.
California Labor Code Section 2870. Any provision in an employment agreement which provides that an employee shall assign, or offer to assign, any of his or her rights in an invention to his or her employer shall not apply to an invention that the employee developed entirely on his or her own time without using the employer’s equipment, supplies, facilities, or trade secret information except for those inventions that either:
California Labor Code Section 2870. Employment agreements; assignment of rights
California Labor Code Section 2870. This Section does not require the assignment of any materials in contravention of Section 2870 of the California Labor Code.
California Labor Code Section 2870. The Executive acknowledges and agrees that the Executive’s agreement to assign and assignment of rights to the Company as set forth in Section 11.2 above shall not apply to any invention that qualifies fully under the provisions of California Labor Code Section 2870, where the Executive developed such invention entirely on Executive’s own time without using the Company’s equipment, supplies, facilities or Confidential Information and such invention does not either relate at the time of conception or reduction to practice of the invention to the Company’s business, or actual or demonstrably anticipated research or development of the Company; or result from any work performed by the Executive for the Company. The Executive will promptly identify in writing to the Company all inventions made by the Executive that he believes meet the criteria of California Labor Code Section 2870 to permit a determination as to whether or not the invention constitutes Work Product subject to the assignment provisions set forth in Section 11.2 hereof. If any invention is determined, pursuant to California Labor Code Section 2870, not to be the property of the Company, the Executive agrees, prior to commercially exploiting such invention or disclosing such invention to any third party, to submit to the Company an offer of commercially reasonable license terms with respect to such invention, and the Company will notify the Executive within ten (10) business days after Company’s receipt of such offer if the Company accepts such offer or desires to commence negotiations of the terms set forth in the Executive’s offer. If no definitive agreement is reached within sixty (60) days after the Company’s acceptance of the Executive’s offer or commencement of negotiations, the Executive may commence negotiations with any third party with respect to the licensing and exploitation of such invention.