MN HF 907 Use it or loose it

Posted in February 19th, 2009

Minnesota H.F. No. 907, as introduced – 86th Legislative Session (2009-2010)

An interesting approach…. it will never pass, but its a cool idea to foster innovation, by either A the employer, or B the employee, if IP is not acted upon. Considering way less than 2% of all patents generate any revenue, the bill does make some sense. There is always the change an employee could run with something which their employer either was unable to, or chose not to.

Apart from the political aspect of this bill, the headache is in the domain of trade secrets. Thats really where the rubber hits the road, and why I would not support such a bill as it stands. If there was a way to ensure some level of trade secret protection, without involving a lengthly legal mess, the concept of use it or loose it is not such a bad idea. As it is written, I see the writing on the wall where only attorneys would win…. and it could be hugely detrimental to employers if trade secrets, or even just enough info to somewhat understand a trade secret came with the idea.

2 users commented in " MN HF 907 Use it or loose it "

Bob Nepper said,

in March 15th, 2009 at 20:18

An exemption for trade secrets could be readily added by allowing employers to appeal the release on the basis of a trade secret. This appeal section has been receommended but has not been added to the bill.

With Minnesota unemployment at a 25-year high (and rising), it is insane to allow employers to ABORT every employee invention that they
choose NOT to develop!

Are we really concerned with Minnesota’s economy? If we are, then we should release the brakes on new business and job growth by passing “Use or Return” (HF 907)

Had I invented the Xerox process, at least two of my former Minnesota employers would have owned it and most likely would have readily ABORTED that fantastic invention! Since I DIDN’T invent it, my employers could not KILL IT, so It was “ALLOWED” to spawn a huge $50 BILLION annual xerographic industry creating 500,000 new jobs! (Yes, 1/2 MILLION JOBS!) (Wall Street Journal May 23, 1989)

Now who is willing to step forward and defend our current JOB-DESTROYING rules?

RFN

Open Source Mechanic blog » Use it or lose it patent legislation proposed in Minnesota said,

in September 13th, 2009 at 15:52

[...] friend Ron at inventorsagarage.com found this proposed Minnesota legislation which would grant an employee the right to use a patent if his/her employer sits on the patent for [...]