The provisions of this chapter are not exclusive and do not relieve the parties or the contract subject thereto from compliance with all other applicable provisions of law.
Invention Development Services ContractsRemedies and Enforcement
Section § 22382
This law section says that the rules in this chapter don't cover everything and that anyone involved in a contract must still follow all other laws that apply to them.
compliance applicable provisions contract obligations
Section § 22383
This law states that if a contract for invention development services doesn't follow the rules set out in this chapter, it cannot be acted on or enforced. However, if the invention developer can prove that they made an honest mistake despite trying to follow the rules, and then corrects the mistake, the contract can still be valid.
Any contract for invention development services which does not comply with the applicable provisions of this chapter shall be void and unenforceable as contrary to public policy, provided that no contract shall be void and unenforceable if the invention developer proves that noncompliance was unintentional and resulted from a bona fide error notwithstanding the use of reasonable procedures adopted to avoid any such errors and makes an appropriate correction.
invention development services contract compliance void contract
Section § 22384
If an invention developer tricks you with lies or misleading information when you sign a contract for their help, that contract won't hold up in court. It's basically like the contract never happened.
Any contract for invention development services entered into in reliance upon any willful and false, fraudulent, or misleading representation by the invention developer shall be void and unenforceable.
invention development false representation fraudulent representation
Section § 22385
This law section states that if a customer tries to give up their rights under this chapter of the law, such a waiver would be invalid and cannot be enforced because it goes against what's considered good for the public.
Any waiver by the customer of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable.
customer waiver void waiver unenforceable waiver
Section § 22386
If an invention developer breaks the rules, lies, or leaves out important information, and it hurts someone, that person can sue them. The injured person can get at least $3,000 or three times the actual damages they suffered, whichever is more. Plus, the court might also make the developer pay for the injured person's lawyer fees.
Any person who has been injured by a violation of this chapter by an invention developer, or by any false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all the disclosures required by Section 22379, may bring a civil action against the invention developer for the greater of the following amounts:
(1)CA Business & Professions Code § 22386(1) Three thousand dollars ($3,000).
(2)CA Business & Professions Code § 22386(2) Three times the amount of the actual damages, if any, sustained by the
plaintiff.
In addition to the greater of the preceding amounts, the court may award reasonable attorney’s fees to the plaintiff.
In addition to the greater of the preceding amounts, the court may award reasonable attorney’s fees to the plaintiff.
invention developer false statements fraudulent representation
Section § 22387
If an invention developer intentionally breaks the rules or leaves out important information in contracts, they're committing a misdemeanor. The state can use its courts to stop these bad practices. The Attorney General, district attorneys, and city attorneys are responsible for taking action against these violations, either by prosecuting misdemeanors or using legal measures to stop the violations. This law doesn't stop anyone else from asserting their rights under this or other laws.
Any invention developer who willfully violates any provision of this chapter, or willfully enters an invention development contract which omits any duty or disclosure required by this chapter, is guilty of a misdemeanor. Any superior court of this state shall have jurisdiction in equity to restrain and enjoin the violation of any of the provisions of this chapter relating to invention development services and contracts therefor.
The duty to institute actions for violation of such provisions of this chapter, including equity proceedings to restrain and enjoin such violations, is hereby vested
in the Attorney General, district attorneys, county counsels, and city attorneys. The Attorney General, any district attorney, or city attorney may prosecute misdemeanor actions or institute equity proceedings or both.
This section shall not be deemed to prohibit the enforcement by any person of any right provided by this or any other law.
invention developer misdemeanor contract omission
Section § 22388
If an invention developer doesn't provide certain information they're required to, any contract you signed with them can be canceled by you if you choose.
Failure to make the disclosure required by Article 4 (commencing with Section 22380) shall render any contract subsequently entered into between the customer and the invention developer voidable by the customer.
invention developer contract voidable disclosure requirement
