37-36-8. Patent enforcement not a deceptive trade act or practice.
It is not a deceptive trade act or practice for any person who owns or has the right to license or enforce a patent to notify another of that ownership or right of license or enforcement, to notify another that the patent is available for license or sale, to notify another of the infringement of that patent pursuant to the provisions of Title 35 of the United States Code, or to seek compensation on account of a past or present infringement, or for a license, if it is reasonable to believe that the person from whom compensation is sought may owe such compensation.
Source: SL 2014, ch 192, ยง8.
Structure South Dakota Codified Laws
Chapter 36 - Bad Faith Assertion Of Patent Infringement
Section 37-36-1 - Definitions.
Section 37-36-2 - Bad faith assertion of patent infringement prohibited.
Section 37-36-3 - Factors for bad faith assertion of infringement.
Section 37-36-4 - Factors for claim of patent infringement not made in bad faith.
Section 37-36-6 - Action by attorney general.
Section 37-36-7 - Action by person aggrieved--Available remedies.
Section 37-36-8 - Patent enforcement not a deceptive trade act or practice.