N.D. Cent. Code § 51-36-08: Exceptions

This chapter does not apply to:

1.Any person that 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; notify another of the infringement of that patent pursuant to the provisions of title 35 of the United States Code; or 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.

2.Any demand letter sent by:

a.Any corporation traded on a public stock exchange or any entity owned or controlled by such corporation;

b.An owner of the patent which is using the patent in connection with the substantial research, commercial development, production, manufacturing, processing, or delivery of products or materials;

c.Any institution of higher education as that term is defined in section 101 of the federal Higher Education Act of 1965 [20 U.S.C. 1001]; or

d.Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education.