States having nonassignable invention exceptions similar to California Code Section 2870

Question

Standard employment agreements stipulate that the employing company owns all inventions and discoveries produced during the period of employment.

California code section 2870 exempts inventions produced outside of work and without use of company facilities by California employees:

2870. (a) 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...

Do the legal codes of any other states include a similar provision?

Answer 1

It would be more straightforward and effective (free from the risk of the law being changed) to simply not sign contracts with such clauses in the first place.

Answer 2

I've seen this a few times, usually buried in the fine print of the contract. I've never had a problem getting a minor ammendment stipulating that code I develop on my own, in my own time is mine, not my employers.

I believe that part of the reason I've had no problem is that my personal efforts have never been in the same field as my employers, YMMV.

Answer 3

Minnesota has a similar statute 181.78 with nearly the same wording.

Answer 4

This appears to be a complete or nearly complete list:

• California - Section 2870-2872
• Delaware - Title 19, Chapter 8, Section 805
• Illinois - 765 ILCS 1060/2
• Kansas - 44-130
• Minnesota - 181.78
• North Carolina - 66-57.1
• Utah - 34-39-3
• Washington - 49.44.140