417.403. Disclosures required to be made in writing by invention developer to customer, content. - Missouri Statutes

Disclosures required to be made in writing by invention developer tocustomer, content.

417.403. In the first oral communication with a customer or in thefirst written response to an inquiry by a customer, other than an oralcommunication or written response the primary purpose of which is toarrange an appointment with the invention developer for presentation of hisinvention development services, the invention developer shall cause thefollowing disclosures to be made in writing and delivered to the customer:

(1) A statement of the fee charged, if known, or a statement of theapproximate range of fees charged;

(2) If it is the invention developer's normal practice to seek morethan one contract in connection with the invention developer's services toa given customer or if the invention developer normally seeks to performservices for a customer in more than one phase with the performance of eachphase covered in two or more contracts, a statement describing thatpractice with a summary of the normal terms of each such contract includingthe fee for the service to be performed under each such contract as setforth in subdivision (1) of this section;

(3) A statement which in reasonable detail summarizes the serviceswhich the invention developer intends to provide under the initial contractand each succeeding contract with the customer. If the inventiondeveloper's services are limited to mailing notices to a list ofpotentially interested parties and then awaiting their response, thestatement shall make this fact clear;

(4) A statement that sections 417.400 to 417.436 require theinvention developer to keep confidential and not use for his benefit or forthe benefit of others any information disclosed by the customer except asprovided in section 417.427. If the invention developer intends todisclose any of such confidential information to others, he shall include astatement as to the nature of the information to be so disclosed, includingthe fact that the customer will be required to waive such confidentialityobligation to the extent necessary to permit such disclosure;

(5) A statement setting forth the total number of customers who havecontracted with the invention developer and the number of those customerswho have received, by virtue of the invention developer's performance ofinvention development services, an amount of money in excess of the totalfee paid by those customers to the invention developer pursuant to acontract for invention development services. The numbers entered in suchstatement need not include those who have first contracted with theinvention developer during the six months immediately preceding the date ofthe written disclosures nor those who have contracted with the inventiondeveloper prior to August 28, 1995; and

(6) A statement as follows: "Any contract for invention developmentservices between you and ourselves is regulated by law. We are notqualified or permitted to advise you whether protection of your inventionis available under the patent laws of the United States or any other laws.If your invention is patentable or infringes an existing valid patent, yourfailure to inquire into these matters may affect your rights to yourinvention or make you liable to others for patent infringement.Furthermore, disclosure of your invention to others on a nonconfidentialbasis may also adversely affect your rights. We urge you to seek thecounsel of an attorney or agent registered to practice before the UnitedStates Patent and Trademark Office.".

(L. 1995 S.B. 80 & 88)