§ 6-12-103 — Exclusions

(1) It is not a violation of this article for any person
who owns or has the right of license or enforcement of a patent to:

(a) Notify another of that ownership or right of license or enforcement;

(b) Notify another that a patent is available for license or sale;

(c) Notify another that the claim for infringement of the patent is pursuant to
35 U.S.C. sec. 271 (e)(2) or 42 U.S.C. sec. 262; or

(d) Seek compensation on account of past or present infringement, or for a
license to the patent, when, after an objectively good faith investigation, it is
reasonable to believe that the person from whom compensation is sought may owe
such compensation.

(2) The provisions of this article do not apply to any written or electronic
communication sent by:

(a) Any owner of a patent who is using the patent in connection with
substantial research, development, production, manufacturing, processing, or
delivery of products or materials;

(b) Any institution of higher education; or

(c) Any technology transfer organization whose primary purpose is to
facilitate the commercialization of technology developed by an institution of higher
education.

(3) The provisions of this article do not apply to a demand letter or civil
action that includes a claim for relief arising under 35 U.S.C. sec. 271 (e)(2) after an
objectively good faith investigation.

Legislative History

Source: L. 2015: Entire article added, (HB 15-1063), ch. 309, p. 1265, � 2, effective August 5.