2005 Illinois Code - Chapter 765 Property 765 ILCS 1060/ Employee Patent Act.

(765 ILCS 1060/1) (from Ch. 140, par. 301)

Sec. 1.

This Act shall be known and may be cited as the "Employee Patent Act".

(Source: P.A. 83‑493.)

(765 ILCS 1060/2) (from Ch. 140, par. 302)

Sec. 2.

Employee rights to inventions ‑ conditions).

(1) A 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 does not apply to an invention for which no equipment, supplies,
facilities, or trade secret information of the employer was used and which
was developed entirely on the employee's own time, unless (a) the invention
relates (i) to the business of the employer, or (ii) to the employer's
actual or demonstrably anticipated research or development, or (b) the invention
results 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.
The employee shall bear the burden of proof in establishing that his invention
qualifies under this subsection.

(2) An employer shall not require a provision made void and unenforceable
by subsection (1) of this Section as a condition of employment or continuing
employment.  This Act shall not preempt existing common law applicable to
any shop rights of employers with respect to employees who have not signed
an employment agreement.

(3) If an employment agreement entered into after January 1, 1984, contains
a provision requiring the employee to assign any of the employee's rights
in any invention to the 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, unless (a) the invention
relates (i) to the business of the employer, or (ii) to the employer's actual
or demonstrably anticipated research or development, or (b) the
invention results from any work performed by the employee for the employer.

(Source: P.A. 83‑493.)

(765 ILCS 1060/3) (from Ch. 140, par. 303)

Sec. 3.

This Act takes effect upon becoming a law.

(Source: P.A. 83‑493.)

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