OHIO REVISED CODEINVENTION DEVELOPMENT SERVICES
As used in sections 1345.61 to 1345.68 of the Revised Code:
(A) "Contract for invention development services" means a contract by which an invention developer undertakes invention development services for a customer.
(B) "Customer" means any person who enters into a contract for invention development services regarding an invention, except any person, other than an individual, who purchases invention development services as an adjunct to the traditional commercial enterprises in which it engages as a livelihood. "Customer" does not include a corporation.
(C) "Invention development services" means any act, including the evaluation, perfecting, marketing, brokering, or promoting of an invention, that is done by or for an invention developer in connection with the procurement or attempted procurement by the invention developer of a licensee or buyer of an intellectual property right in the invention.
(D) "Invention developer" means any person who offers to perform or performs for a customer any invention development services. "Invention developer" does not include any of the following:
(1) Any department or agency of the federal, state, or a local government;
(2) Any nonprofit, charitable, scientific, or educational organization that is tax exempt under section 501(a) and described in section 501(c)(3), or described in section 170(b)(1)(A), of the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. I, as amended, or any nonprofit, scientific, or educational organization qualified under a state nonprofit organization statute;
(3) Any attorney acting within the scope of the attorney's professional license;
(4) Any person duly registered before the United States patent and trademark office acting within the scope of that person's professional license;
(5) Any person who does not charge a fee for invention development services other than any payment made from a portion of the income received by a customer by virtue of invention development services performed by the person. For the purposes of this division, "fee" includes any payment made by the customer to the person including reimbursement for expenditures made or costs incurred by the person.
(E) "Invention" means a discovery, process, machine, design, formulation, product, concept, or idea, or any combination of them, whether patentable or not.
HISTORY:1984 H 385, eff. 3-28-85
LEGAL ENCYCLOPEDIAS AND ALR
OJur 3d: 17, Consumer and Borrower Protection ï¿½ 2, 74.5
1345.62 Invention development services; contracts to be in writing; revocation
(A) Every contract for invention development services shall be in writing and is subject to sections 1345.61 to 1345.68 of the Revised Code. The invention developer shall give a copy of the written contract to the customer at the time the customer signs the contract.
(B) The invention developer shall provide in writing a description of the services to be performed pursuant to each contract. At the time the customer signs the contract, it shall state the fees and other consideration, if any, that may be required of the customer.
(C) Any contract for invention development services signed by the invention developer and the customer may be revoked by either party prior to the expiration of a four working day period commencing on the date on which the customer and the invention developer sign the contract.
(D) The invention developer or the customer may revoke the contract as follows:
(1) Either the invention developer or the customer may revoke the contract by written notice to the other within tour working days of the date the contract was signed by both. Written notice of revocation is effective upon the date of postmarking, if mailed, or upon receipt.
(2) The invention developer upon revocation shall return to the customer any payment made on account of the performance of services specified in the contract and the customer shall return all materials and contracts submitted to him by the invention developer.
1345.63 Notice to be on cover sheet; contents
(A) Every contract for invention development services shall have a conspicuous and legible cover sheet attached to it with the following notice to the customer imprinted on the cover sheet in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter:
"The purchase of invention development services is a high risk expenditure. The performance of the services detailed in the contract provides no guarantee or promise of profits, or that your invention or idea will be purchased by a manufacturer. Only a very small percentage of inventions have a chance at receiving profits. An invention developer can assist you in your efforts."
(B) The cover sheet notice shall contain the name, home office address, and local office address of the invention developer.
(C) The cover sheet notice shall contain the items required by divisions (A) and (B) of this section and shall not contain anything except those items.
1345.64 Record to be kept of persons to whom idea submitted
The invention developer shall maintain a record with respect to each contract which contains the name and address of each person to whom the customer's invention or idea is submitted. and the date of submission. The customer may request a copy of or inspect the record during normal working hours.
1345.65 Matters to be in boldface type
Every contract for invention development services shall set forth in boldface type of not less than ten-point size or in capital letters of a size not less than that used in a standard office typewriter, both of the following:
(A) The terms and conditions of payment and contract revocation rights required by section 1345.62 of the Revised Code.
(B) The name and principal place of business in Ohio of the invention developer. In the event that a substantial portion of the contractual services are to he performed outside of the state of Ohio, the name and address of the invention developer who will perform those services.
1345.66 Causes of action created
(A) Any customer who is injured by a violation of sections 1345.61 to 1345.67 of the Revised Code has an action at law as provided by this section.
(B) A customer has a cause of action pursuant to this division to remedy any injury caused by the invention developer arising from:
(1) A violation of sections 1345.61 to 1345.67 of the Revised Code, or
(2) The customer's acceptance of the invention development services contract in reliance upon any fraudulent mis representation or omission of material fact.
1345.67 Invention developer to maintain bond; alternatives
(A) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond in the amount of ten thousand dollars issued by a surety company that is authorized to do business in this state. The invention developer shall file a copy of the bond with the secretary of state prior to the time the invention developer first commences business in this state.
(B) The bond required by division (A) of this section shall be payable in favor of the state for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud, dishonesty, or the failure of the invention developer to provide the invention development services required in performance of the contract. Any person claiming against the bond may maintain an action against the invention developer and the surety. The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided in this section shall not exceed the amount of the bond.
(C) In lieu of furnishing the bond as required by this section, the invention developer may deposit with the secretary of state a deposit in an amount equal to the required amount of the bond. The deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation;
(2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation;
(D) The bond or deposit required by this section shall be canceled or returned to the invention developer two years after be ceases doing business in this state so long as no lawsuits by Ohio customers are pending against it at the time. The secretary of state shall cancel or return the bond or deposit as required by this section no later than sixty days after the invention developer gives notice of his eligibility for the cancellation and return of the bond or deposit.
1345.68 Other rights maintained
Sections 1345.61 to 1345.68 of the Revised Code do not annul or limit any obligations, rights, or remedies that might otherwise be applicable or available under the laws of this state.
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