§ 66-209. Definitions. - North Carolina Statutes

Article29.

Invention DevelopmentServices.

§ 66‑209.  Definitions.

As used in this Article, thefollowing terms shall have the meanings given:

(1)        "Contract"or "contract for invention development services" means a contract bywhich an invention developer undertakes invention development services for acustomer for a stated payment or consideration, whether or not the payment orconsideration has yet been made.

(2)        "Customer"means any natural person who is solicited by, inquires about, seeks theservices of, or enters into a contract with an invention developer forinvention development services.

(3)        "Inventiondevelopment services" means any act done by or for an invention developerfor the procurement or attempted procurement by the invention developer of alicensee or buyer of an intellectual property right in an invention.  The termincludes the evaluation, perfecting, marketing, brokering, or promoting of aninvention, a patent search, and preparation or prosecution of a patentapplication by a person not registered to practice before the United StatesPatent and Trademark Office.

(4)        "Invention"means any discovery, process, machine, design, formulation, composition ofmatter, product, concept, or idea, or any combination of these.

(5)        "Inventiondeveloper" is an individual, firm, partnership, or corporation, or anagent, employee, officer, partner, or independent contractor of one of thoseentities, that offers to perform or performs invention development services fora customer and that is not:

a.         A department oragency of the federal, State, or local government;

b.         A charitable,scientific, educational, religious, or other organization qualified under G.S.105‑130.9 or described in Section 170(b)(1)(A) of the Internal RevenueCode of 1986, as amended;

c.         A person registeredbefore the United States Patent and Trademark Office acting solely within thescope of that person's professional license;

d.         A person, firm,corporation, association, or other entity that does not charge a fee, includingreimbursement for expenditures made or costs incurred by the entity, forinvention development services other than payment made from a portion of theincome received by a customer by virtue of the acts performed by the entity; or

e.         An attorney licensedto practice law in North Carolina acting solely within the scope of thatperson's professional license.

(6)        "Businessday" means any day other than a Saturday, Sunday, or legal holiday. (1989,c. 746, s. 1; c. 770, s. 62.1(1), (2); 1991, c. 235, s. 1.)