As used in the Invention Development Services Act:

1. "Contract for invention development services" includes a contract by which an invention developer undertakes to develop or promote an invention for a customer;

2. "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;

3. "Invention" includes a process, design, asexually reproduced plant, machine, manufacture, composition of matter, improvement upon the foregoing, or a concept;

4. "Invention developer" means any person, firm, corporation or association and the agents, employees or representatives of the person, firm, corporation or association which develops or promotes or offers to develop or promote an invention of a customer in order that the invention of the customer may be patented, licensed or sold for manufacture or manufactured in large quantities. The term "invention developer" does not include:

a.a partnership or corporation when all of its partners, stockholders or members are licensed by a state or the United States to render legal advice concerning patents and trademarks, or a person so licensed,

b.a department or agency of the federal, state or local government, including the inventor's assistance program established by the Oklahoma Department of Commerce,

c.a charitable, scientific, education, religious or other organization registered pursuant to state law,

d.a person, firm, corporation, association or other entity that does not charge a fee for invention development services, or

e.any person, firm, corporation, association or other entity whose gross receipts from contracts for invention development services do not exceed ten percent (10%) of its gross receipts from all sources during the fiscal year preceding the year in which any contract for invention development services is signed.

For the purposes of this paragraph, "fee" shall include any payment made by the customer to the entity, including reimbursements for expenditures made or costs incurred by such entity, but shall not include a payment made from a portion of the income received by a customer by virtue of invention development services performed by the entity;

5. "Invention development services" includes any act required or promised to be performed, or actually performed by an invention developer for a customer.

Added by Laws 1991, c. 170, § 2, eff. Sept. 1, 1991.