40-1-205. Exceptions.
(a) The provisions of this article shall not apply to:
(i) A person that owns or has the right to license or enforce a patent if the person is:
(A) Notifying another of the ownership right or enforcement right in the patent;
(B) Notifying another that the patent is available for license or sale;
(C) Notifying another of the infringement of the patent pursuant to title 35 of the United States Code or section 262 of title 42 of the United States Code; or
(D) Seeking compensation from another person for a past or present infringement of a patent, or for a license, if it is reasonable to believe that the person owes the compensation.
(ii) A demand letter sent by:
(A) An owner of the patent that is using the patent in connection with substantial research, commercial development, production, manufacturing, processing or delivery of products or materials; or
(B) Any institution of higher education or any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
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