Md. Code Regs. 02.01.07.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.01.07.03 - Definitions

A. "Business day" means any calendar day except Sunday or the following business holidays: New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day, all as celebrated by the State of Maryland.

B. "Contract" or "contract for invention development services", for the purposes of these regulations, means a contract by which an invention developer undertakes invention development services for a customer for a stated payment or consideration, whether or not the payment or consideration has yet been made.

C. "Customer" means a person, firm, partnership, corporation, or other entity that is solicited by or enters into a contract for invention development services with an invention developer.

D. "Invention" means any discovery, process, machine, design, formulation, composition of matter, product, concept, or idea, or any combination of these.

E. "Invention developer" means any person, firm, partnership, corporation, or other entity and any agent, employee, officer, partner, or independent contractor who or which sells or offers for sale in Maryland invention development services. "Invention developer" does not include:

(1) Any department or agency of federal, state or local government;

(2) Any charitable, scientific, educational, religious, or other organization qualified under Section 501(c)(3) or described in Section 170(b)(1) (a) of the Internal Revenue Code of 1954 as amended; and

(3) Bona fide manufacturers' representatives who sell, broker or otherwise market goods.

F. "Invention development services" means the evaluation, perfection, marketing, brokering, or promotion of an invention by an invention developer, including a patent search or the procurement thereof, procuring the preparation or prosecution of a patent application, and any other acts done by an invention developer for consideration for the purpose of procuring or attempting to procure a patent for an invention or finding a licensee or buyer for an invention. "Invention development services" does not include solely technical or industrial research and development services or the services of an attorney and of a patent agent duly registered by the United States Patent and Trademark Office in the performance of those tasks which they are permitted to perform by reason of their registration.

Md. Code Regs. 02.01.07.03