§ 51-36-08 — Exceptions

This chapter does not apply to:
1. Any person that owns or has the right to license or enforce a patent to notify another of
that ownership or right of license or enforcement, to notify another that the patent is
available for license or sale; notify another of the infringement of that patent pursuant
to the provisions of title 35 of the United States Code; or seek compensation on
account of a past or present infringement, or for a license, if it is reasonable to believe
that the person from whom compensation is sought may owe such compensation.
2. Any demand letter sent by:
a. Any corporation traded on a public stock exchange or any entity owned or
controlled by such corporation;
b. An owner of the patent which is using the patent in connection with the
substantial research, commercial development, production, manufacturing,
processing, or delivery of products or materials;
c. Any institution of higher education as that term is defined in section 101 of the
federal Higher Education Act of 1965 [20 U.S.C. 1001]; or
d. Any technology transfer organization whose primary purpose is to facilitate the
commercialization of technology developed by an institution of higher education.