SECTIONS 22392-22395 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 22392-22395

22392. Every invention developer shall maintain all records and
correspondence relating to performance of each invention development
service contract for a period of not less than three years after
expiration of the term of each such contract.

22393. No invention developer shall make, or authorize the making
of, any reference to compliance by it with this act in any
advertisement.

22394. If any provision of this act or the application thereof to
any person or circumstances is held unconstitutional, the remainder
of the chapter and the application of such provision to other persons
and circumstances shall not be affected thereby.

22395. An invention developer shall maintain as confidential all
disclosures made to it by a customer seeking invention development
services, except:
(a) Information which at the time of disclosure is in the public
domain.
(b) Information which, after disclosure, becomes part of the
public domain by publication or otherwise, independently of any act
or omission by the invention developer.
(c) Information which the invention developer can establish by
competent proof was in its possession at the time of disclosure by
the customer, and was not acquired, directly or indirectly, from the
customer.
(d) Information which the invention developer receives from a
third party; provided, however, that such information was not
obtained in confidence by said third party, directly or indirectly,
from the customer.
This duty of confidentiality includes the taking of reasonable
steps by the invention developer to prevent disclosure of
confidential information to third parties. This confidential
relationship cannot be waived by a customer without an express
written waiver by the customer of the invention developer's
obligation of confidentiality, and no waiver shall be entered into
until after the disclosures described in Section 22381 have been
made.