Oklahoma § 15-681 - Definitions

§ 15-681. Definitions

As used in the Invention Development Services Act:

1. "Contract for invention development services" includes a

contract by which an invention developer undertakes to develop or

promote an invention for a customer;

2. "Customer" means any natural person who is solicited by,

inquires about, seeks the services of or enters into a contract with

an invention developer for invention development services;

3. "Invention" includes a process, design, asexually reproduced

plant, machine, manufacture, composition of matter, improvement upon

the foregoing, or a concept;

4. "Invention developer" means any person, firm, corporation or

association and the agents, employees or representatives of the

person, firm, corporation or association which develops or promotes

or offers to develop or promote an invention of a customer in order

that the invention of the customer may be patented, licensed or sold

for manufacture or manufactured in large quantities. The term

"invention developer" does not include:

a.

a partnership or corporation when all of its partners,

stockholders or members are licensed by a state or the

United States to render legal advice concerning

patents and trademarks, or a person so licensed,

b.

a department or agency of the federal, state or local

government, including the inventor's assistance

program administered by the Oklahoma Center for the

Advancement of Science and Technology,

c.

a charitable, scientific, education, religious or

other organization registered pursuant to state law,

d.

a person, firm, corporation, association or other

entity that does not charge a fee for invention

development services, or

Oklahoma Statutes - Title 15. Contracts

e.

any person, firm, corporation, association or other

entity whose gross receipts from contracts for

invention development services do not exceed ten

percent (10%) of its gross receipts from all sources

during the fiscal year preceding the year in which any

contract for invention development services is signed.

For the purposes of this paragraph, "fee" shall include any

payment made by the customer to the entity, including reimbursements

for expenditures made or costs incurred by such entity, but shall

not include a payment made from a portion of the income received by

a customer by virtue of invention development services performed by

the entity;

5. "Invention development services" includes any act required

or promised to be performed, or actually performed by an invention

developer for a customer.

Added by Laws 1991, c. 170, § 2, eff. Sept. 1, 1991. Amended by

Laws 2024, c. 375, § 1, emerg. eff. June 5, 2024.