Every invention developer shall maintain all records and correspondence relating to performance of each invention development service contract for a period of not less than three years after expiration of the term of each such contract.
Invention Development Services ContractsMiscellaneous Provisions
Section § 22392
This law requires invention developers to keep all the documents and communication related to each contract they handle for at least three years after the contract ends.
invention developer records maintenance correspondence retention
Section § 22393
This law says that invention developers cannot mention or suggest in their advertisements that they are following this specific law.
No invention developer shall make, or authorize the making of, any reference to compliance by it with this act in any advertisement.
invention developer advertisements reference to compliance
Section § 22394
This section means that if any part of the law is found to be unconstitutional or not valid for some reason, the rest of the law remains effective and can still apply to other situations and people.
If any provision of this act or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the application of such provision to other persons and circumstances shall not be affected thereby.
unconstitutional provision act application law validity
Section § 22395
If you're working with an invention developer to help with your invention, they must keep your information private. There are a few exceptions, like if the information is already public or becomes public without the developer's fault. They also don’t have to keep secrets they already knew before you told them or got from someone else who didn't promise to keep it secret. The invention developer should take reasonable steps to protect your information and they can only be released from this duty if you give explicit written permission after they fully inform you about the process.
An invention developer shall maintain as confidential all disclosures made to it by a customer seeking invention development services, except:
(a)CA Business & Professions Code § 22395(a) Information which at the time of disclosure is in the public domain.
(b)CA Business & Professions Code § 22395(b) Information which, after disclosure, becomes part of the public domain by publication or otherwise, independently of any act or omission by the invention developer.
(c)CA Business & Professions Code § 22395(c) Information which the invention developer can establish by competent proof was in its possession at the time of disclosure by the customer, and was not acquired, directly or indirectly, from the customer.
(d)CA Business & Professions Code § 22395(d) Information which the invention developer receives from a third party; provided, however, that such information was not obtained in confidence by said third party, directly or indirectly, from the customer.
This duty of confidentiality includes the taking of reasonable steps by the invention developer to prevent disclosure of confidential information to third parties. This confidential relationship cannot be waived by a customer without an express written waiver by the customer of the invention developer’s obligation of confidentiality, and no waiver shall be entered into until after the disclosures described in Section 22381 have been made.
invention developer confidentiality obligation public domain exception
