North Carolina General Statutes 66-212. Contracting requirements
(a) Each contract for invention development services by which an invention developer undertakes invention development services for a customer is subject to this act. The contract must be in writing and the invention developer shall give a copy of the contract to the customer at the time the customer signs the contract.
(b) If it is the invention developer’s normal practice to seek more than one contract in connection with an invention, or if the invention developer normally seeks to perform services in connection with an invention in more than one phase with the performance of each phase covered in one or more subsequent contracts, the invention developer shall give to the customer at the time the customer signs the first contract:
(1) A written statement describing that practice; and
Terms Used In North Carolina General Statutes 66-212
- Business day: means any day other than a Saturday, Sunday, or legal holiday. See North Carolina General Statutes 66-209
- Contract: A legal written agreement that becomes binding when signed.
- contract for invention development services: means a contract by which an invention developer undertakes invention development services for a customer for a stated payment or consideration, whether or not the payment or consideration has yet been made. See North Carolina General Statutes 66-209
- Customer: means any natural person who is solicited by, inquires about, seeks the services of, or enters into a contract with an invention developer for invention development services. See North Carolina General Statutes 66-209
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Invention: means any discovery, process, machine, design, formulation, composition of matter, product, concept, or idea, or any combination of these. See North Carolina General Statutes 66-209
- Invention developer: is a n individual, firm, partnership, or corporation, or an agent, employee, officer, partner, or independent contractor of one of those entities, that offers to perform or performs invention development services for a customer and that is not:
- Invention development services: means any act done by or for an invention developer for the procurement or attempted procurement by the invention developer of a licensee or buyer of an intellectual property right in an invention. See North Carolina General Statutes 66-209
(2) A written summary of the developer’s normal terms, if any, of subsequent contracts, including the approximate amount of the developer’s normal fees or other consideration, if any, that may be required from the customer.
(c) For the purposes of this section, delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind to the invention developer or to a third party for the benefit of the invention developer irrespective of the date or dates appearing in that instrument is payment.
(d) Notwithstanding any contractual provisions of [to] the contrary, payment for invention development services may not be required, made, or received before the fourth business day after the day on which the customer receives a copy of the contract for invention development services signed by the invention developer and the customer.
(e) Until the payment for invention development services is made, the parties during the contract for invention development services have the option to terminate the contract. The customer may exercise the option by refraining from making payment to the invention developer. The invention developer may exercise the option to terminate by giving to the customer written notice of its exercise of the option. The written notice becomes effective on receipt by the customer. (1989, c. 746, s. 1; c. 770, s. 62.1(1), (2); 1991, c. 235, s. 1.)