Q: Under the Illinois "Employee Patent Act" Section 2(1)(a)(i), what is the threshold to considered businesses "related"?
IE. a retailer of electronics and an electronics manufacturer
consider*
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A:
When considering whether businesses are "related" under the Illinois Employee Patent Act, Section 2(1)(a)(i), the focus is on whether the employee’s invention relates to the employer’s current or anticipated business activities. The threshold involves analyzing the nature of the businesses and whether there is a reasonable connection between them.
For example, a retailer of electronics and an electronics manufacturer could be considered "related" if the retailer sells products that are manufactured by the electronics company or if their business activities overlap in a way that the invention could be used by both.
To determine if the businesses are related, consider if the invention would benefit both companies or if it falls within the scope of their business operations. If there's a connection, even indirect, the businesses might be considered related under the law.
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