Current through the 2024 legislative session
Section 40-1-205 - Exceptions(a) The provisions of this article shall not apply to:(i) A person that owns or has the right to license or enforce a patent if the person is: (A) Notifying another of the ownership right or enforcement right in the patent;(B) Notifying another that the patent is available for license or sale;(C) Notifying another of the infringement of the patent pursuant to title 35 of the United States Code or section 262 of title 42 of the United States Code; or(D) Seeking compensation from another person for a past or present infringement of a patent, or for a license, if it is reasonable to believe that the person owes the compensation.(ii) A demand letter sent by:(A) An owner of the patent that is using the patent in connection with substantial research, commercial development, production, manufacturing, processing or delivery of products or materials; or(B) Any institution of higher education or any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.Added by Laws 2016 , ch. 106, § 1, eff. 7/1/2016.