As used in this chapter, unless the context otherwise requires:
1.“Business record” means a record maintained by an invention developer relating to
invention development services, including but not limited to contracts, files, accounts, books,
papers, photographs, and audio or visual tapes.
2.“Commissioner” means the commissioner of insurance or a person designated by the
commissioner to act on the commissioner’s behalf.
3.“Contract” means an agreement between an invention developer and a customer under
which the invention developer promises to perform invention development services for the
customer.
4.“Customer” means a person who is solicited by, inquires about, seeks the services of,
or enters into a contract with an invention developer.
5.“Deceptive practice” means communicating a
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As used in this chapter, unless the context otherwise requires:
1. “Business record” means a record maintained by an invention developer relating to
invention development services, including but not limited to contracts, files, accounts, books,
papers, photographs, and audio or visual tapes.
2. “Commissioner” means the commissioner of insurance or a person designated by the
commissioner to act on the commissioner’s behalf.
3. “Contract” means an agreement between an invention developer and a customer under
which the invention developer promises to perform invention development services for the
customer.
4. “Customer” means a person who is solicited by, inquires about, seeks the services of,
or enters into a contract with an invention developer.
5. “Deceptive practice” means communicating a false or fraudulent statement, providing
false pretense, making a false promise or misleading statement, misrepresenting a fact,
omitting a material fact, or failing to make all disclosures required by this chapter.
6. “Fee” means a payment made by a customer to an invention developer, including
reimbursements for expenditures made or costs incurred by the invention developer.
However, “fee” does not include a payment made from a portion of the income received
by the customer which resulted from invention development services performed by the
invention developer.
7. “Invention” means an original concept which may be rendered into an artistic,
educational, or technological expression, including works, compositions, designs, machines,
manufacturing or engineering techniques, analyses, or processes.
8. “Invention developer” means a person who performs invention development services in
this state or offers, through any means of communication, to perform invention development
services in this state. However, an invention developer does not include the following:
a. ApersonlicensedbyastateortheUnitedStatestorenderlegaladvice,ifthepersonacts
within the scope of the license. However, if the person is a corporation, all of its stockholders
or members must be licensed. If the person is a partnership, all of its partners must be
licensed.
§523G.3, INVENTION DEVELOPMENT SERVICES 2
b. A department or agency of a federal or state government.
c. A political subdivision.
d. A nonprofit organization registered pursuant to state law.
e. A charitable, scientific, educational, or religious organization registered pursuant to
state law.
f. A person who does not charge a fee for invention development services.
g. A person who provides researching, marketing, surveying, or other kinds of consulting
services to professional manufacturers, marketers, publishers, or others purchasing such
services as an adjunct to their traditional commercial enterprises.
9. “Invention development services” or “services” means acts required, promised to be
performed, or actually performed by an invention developer for a customer pursuant to
a contract which involves facilitating the development, promotion, licensing, publishing,
exhibiting, or marketing of an invention.