§ 66-57.1. Employee's right to certain inventions. - North Carolina Statutes

Article10A.

Inventions Developed byEmployee.

§ 66‑57.1.  Employee'sright to certain inventions.

Any provision in an employmentagreement which provides that the employee shall assign or offer to assign anyof his rights in an invention to his employer shall not apply to an inventionthat the  employee developed entirely on his own time without using theemployer's equipment, supplies, facility or trade secret information except forthose inventions that (i) relate to the employer's business or actual ordemonstrably anticipated research or development, or (ii) result from any workperformed by the employee for the employer. To the extent a provision in anemployment agreement purports to apply to the type of invention described, itis against the public policy of this State and is unenforceable. The employeeshall bear the burden of proof in establishing that his invention qualifiesunder this section. (1981, c. 488, s. 1.)