Assembly Bill No. 2–Assemblyman Oceguera

 

Prefiled January 27, 2003

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Limits right of employer to own certain intellectual property developed by employee. (BDR 52‑365)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to intellectual property; limiting the right of an employer to own certain intellectual property developed by an employee; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 600.500 is hereby amended to read as follows:

1-2  600.500  Except as otherwise provided by express written

1-3  agreement, an employer is the sole owner of any patentable

1-4  invention or trade secret developed by his employee if:

1-5  1.  The employer has:

1-6  (a) Provided written notice to the employee of the intent of the

1-7  employer to claim sole ownership pursuant to this section of any

1-8  patentable invention or trade secret developed by the employee;

1-9  and

1-10      (b) Obtained written acknowledgment from the employee that

1-11  the employee has received the written notice required by this

1-12  section.

1-13      2.  The patentable invention or trade secret:

1-14      (a) Is developed after the employer:

1-15          (1) Provides the written notice required by this section; and

1-16          (2) Obtains the written acknowledgment required by this

1-17  section;

2-1  (b) Is developed during the course of the employee’s

2-2  employment [that relates] by the employer; and

2-3  (c) Relates directly to work performed by the employee during

2-4  the course of [the employment .] his employment by the employer.

2-5  Sec. 2.  The amendatory provisions of this act do not apply to

2-6  any patentable invention or trade secret developed before October 1,

2-7  2003.

 

2-8  H