Okla. Stat. tit. 15, § 15-689: Act not exclusive - Noncompliance - Violations - Remedies

- Application of act.

A. The provisions of the Invention Development Services Act are

not exclusive and do not relieve the parties or the contract from

compliance with all other applicable provisions of law.

B. Any contract for invention development services that does

not comply with the applicable provisions of the Invention

Development Services Act shall be unenforceable against the customer

as contrary to public policy, provided that no contract shall be

unenforceable if the invention developer proves that noncompliance

was unintentional and resulted from a bona fide error in spite of

the invention developer's use of reasonable procedures adopted to

avoid any such errors, and if the invention developer makes an

appropriate correction.

C. Any contract for invention development services entered into

by a customer with an invention developer who has used any fraud,

false pretense, false promise, misrepresentation, misleading

statement or deceptive practice in respect to that customer with the

intent that the customer rely thereon, whether or not the customer

was in fact misled, deceived or damaged, shall be unenforceable

against the customer. Any waiver by the customer of the provisions

of the Invention Development Services Act shall be deemed contrary

to public policy and shall be void and unenforceable.

D. Any person who has been injured by a violation of the

Invention Development Services Act by an invention developer, 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 of the disclosures required by the

Invention Development Services Act may bring a civil action against

the invention developer for the damages sustained together with

costs and disbursements, including reasonable attorneys fees. The

court in its discretion may increase the award of damages to an

amount not to exceed three times the damages sustained or Two

Thousand Five Hundred Dollars ($2,500.00), whichever is greater.

E. Failure to make the disclosures required by Section 6 of

this act shall render any contract subsequently entered into between

the customer and the invention developer voidable by the customer.

F. The provision of the Invention Development Services Act

shall have no effect on any contract or agreement entered into prior

to September 1, 1991.