A. No person shall, in connection with the assertion of a United States patent, send or cause any person to send any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if:
1. The communication falsely states that litigation has been filed against the recipient, or threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed;
2. The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or
3. The assertions contained in the communication lack a reasonable basis in fact or law because:
B. Nothing in this section shall be construed to be a violation of this chapter for any person who owns or has the right to license or enforce a patent to:
1. Advise others of that ownership or right of license or enforcement;
2. Communicate to others that a patent is available for license or sale;
3. Notify another of the infringement of the patent; or
4. Seek compensation for past or present infringement, or for a license to the patent,
provided that the person is not acting in bad faith.
C. The provisions of this act shall not apply to any written or electronic communication sent by:
1. Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials;
2. Any institution of higher education; or
3. Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.
D. The provisions of this act shall not apply to a demand letter or civil action that includes a claim for relief arising under 35 U.S.C., Section 271(e)(2).
Added by Laws 2014, c. 305, § 2, eff. Nov. 1, 2014.
Structure Oklahoma Statutes
§23-2. Damages as relief from forfeiture.
§23-3. Right to damages - Definition of damages.
§23-7. Jury may allow interest.
§23-9.1. Punitive damages awards by jury.
§23-9.3. Definitions – Payment of damages.
§23-12. Defense of contributory negligence or assumption of risk as question of fact.
§23-13. Comparative negligence.
§23-14. Damages diminished in proportion to contributory negligence.
§23-15. Joint tortfeasor liability - Several only.
§23-21. General rule as to damages.
§23-22. Breach of obligation to pay money.
§23-25. Breach of covenants in grants.
§23-26. Breach of covenants against encumbrances.
§23-27. Breach of agreement to convey.
§23-28. Breach of agreement to buy.
§23-36. Breach of carrier's obligation to receive.
§23-37. Breach of carrier's obligation to deliver.
§23-38. Detriment caused by carrier's delay.
§23-39. Breach of warranty of agent's authority.
§23-40. Breach of promise to marry.
§23-61. Obligation not arising from contract.
§23-61.1. Jury to return general verdict.
§23-64. Conversion of personalty.
§23-65. Presumption cannot be repelled.
§23-66. Damages to one having lien on personal property.
§23-68. Exemplary damages for injuries to animals.
§23-68.1. Damages for certain acts with regard to certain animal facilities.
§23-69. Double rent as damages.
§23-70. Willful holding over real property.
§23-71. Forcible exclusion from real property.
§23-72. Wrongful injuries to timber.
§23-92. Value to buyer or owner.
§23-94. Value of title papers.
§23-95. Exclusive of exemplary damages.
§23-96. Limitation of amount of damages.
§23-97. Damages must be reasonable.
§23-103. Actions asserted in bad faith - Reimbursement by nonprevailing party of costs and fees.
§23-112. Prohibited communications related to patent infringement - Exceptions.