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Texas Laws | Business and Commerce Code
BUSINESS AND COMMERCE CODE
TITLE 4. BUSINESS OPPORTUNITIES AND AGREEMENTS

THIS CONTRACT BETWEEN YOU AND AN INVENTION DEVELOPER IS REGULATED BY THE STATE OF TEXAS' REGULATION OF INVENTION DEVELOPMENT SERVICES ACT. YOU ARE NOT PERMITTED OR REQUIRED TO MAKE ANY PAYMENTS UNDER THIS CONTRACT UNTIL FOUR (4) WORKING DAYS AFTER YOU SIGN THIS CONTRACT AND RECEIVE A COMPLETED COPY OF IT. (8139)

IF YOU ASSIGN EVEN A PARTIAL INTEREST IN THE INVENTION TO THE INVENTION DEVELOPER, THE INVENTION DEVELOPER MAY HAVE THE RIGHT TO SELL OR DISPOSE OF THE INVENTION WITHOUT YOUR CONSENT AND MAY NOT HAVE TO SHARE THE PROFITS WITH YOU. (8140)

THE TOTAL NUMBER OF CUSTOMERS WHO HAVE CONTRACTED WITH THE INVENTION DEVELOPER SINCE (year) IS (number). THE TOTAL NUMBER OF CUSTOMERS KNOWN BY THIS INVENTION DEVELOPER TO HAVE RECEIVED, BY VIRTUE OF THIS INVENTION DEVELOPER'S PERFORMANCE, AN AMOUNT OF MONEY IN EXCESS OF THE AMOUNT PAID BY THE CUSTOMER TO THIS INVENTION DEVELOPER IS (number). (8141)

YOU ARE ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE SIGNING THIS CONTRACT. BY PROCEEDING WITHOUT THE ADVICE OF A QUALIFIED ATTORNEY, YOU COULD LOSE ANY RIGHTS YOU MIGHT HAVE IN YOUR IDEA OR INVENTION. (8142)

(b) The invention developer shall complete the cover sheet by providing the proper information in the blanks of the cover sheet. In the first blank the invention developer shall enter the later of the year that the invention developer began to transact business or May 7, 1981. The invention developer may round the numbers the invention developer enters in the last two blanks to the nearest 100 and, in computing the numbers, may exclude persons who have contracted with the invention developer during the three calendar months preceding the date of the contract. If the number to be inserted in the third blank is zero, the invention developer shall enter a zero in the blank. (8143)

(c) The cover sheet may not contain anything other than the information required by Subsection (a). (8144)

Amended by: (8145)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8146)

Sec. 52.106. QUARTERLY REPORTS TO CUSTOMER REQUIRED. (8147)(Text)

At least once each calendar quarter during the term of a contract for invention development services, the invention developer shall deliver to the customer at the address specified in the contract a written report that identifies the contract and contains: (8148)

(1) a full, clear, and concise description of the services performed up to the date of the report and of the services to be performed; and (8149)

(2) the name and address of each person to whom the subject matter of the contract has been disclosed, the reason for each disclosure, the nature of the disclosure, and copies of all responses received as a result of those disclosures. (8150)

Amended by: (8151)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8152)

Sec. 52.151. CONTRACT VOIDABLE. (8153)(Text)

A contract for invention development services is voidable at the option of the customer if the contract: (8154)

(1) does not substantially comply with this chapter; or (8155)

(2) was entered into in reliance on any false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer. (8156)

Amended by: (8157)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8158)

Sec. 52.152. PRIVATE CAUSE OF ACTION. (8159)(Text)

(a) This section applies only to a customer who is injured by an invention developer's: (8160)

(1) violation of this chapter; (8161)

(2) false or fraudulent statement, representation, or omission of material fact; or (8162)

(3) failure to make all disclosures required by this chapter. (8163)

(b) A customer to whom this section applies may recover in a civil action against the invention developer: (8164)

(1) the greater of: (8165)

(A) the amount of any actual damages sustained by the customer; or (8166)

(B) $1,000; (8167)

(2) court costs; and (8168)

(3) attorney's fees. (8169)

Amended by: (8170)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8171)

Sec. 52.153. DECEPTIVE TRADE PRACTICE. (8172)(Text)

The following acts, omissions, or failures by an invention developer constitute a deceptive trade practice under Chapter 17: (8173)

(1) a violation of this chapter; (8174)

(2) an omission of material fact; or (8175)

(3) a failure to make a disclosure required by this chapter. (8176)

Amended by: (8177)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8178)

Sec. 52.154. MUTUALLY EXCLUSIVE REMEDIES. (8179)(Text)

Remedies available under Sections 52.152 and 52.153 are mutually exclusive. (8180)

Amended by: (8181)

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009. (8182)

Sec. 52.155. PRESUMPTION OF INJURY. (8183)(Text)

For purposes of Sections 52.152 and 52.153, a rebuttable presumption of injury is established by: (8184)

(1) a substantial violation of this chapter by an invention developer; or (8185)

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