{"data":{"id":"us-ok/okla.-stat.-tit.-23-23-112","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 23, § 23-112","heading":"Prohibited communications related to patent infringement -","body":"Exceptions.\n\nA. No person shall, in connection with the assertion of a\n\nUnited States patent, send or cause any person to send any written\n\nor electronic communication that states that the intended recipient\n\nor any affiliated person is infringing or has infringed a patent and\n\nbears liability or owes compensation to another person, if:\n\n1. The communication falsely states that litigation has been\n\nfiled against the recipient, or threatens litigation if compensation\n\nis not paid or the infringement issue is not otherwise resolved and\n\nthere is a consistent pattern of such threats having been issued and\n\nno litigation having been filed;\n\n2. The communication falsely states that litigation has been\n\nfiled against the intended recipient or any affiliated person; or\n\n3. The assertions contained in the communication lack a\n\nreasonable basis in fact or law because:\n\na. the person asserting the patent is not a person, or\n\ndoes not represent a person, with the current right to\n\nlicense the patent to, or to enforce the patent\n\nagainst, the intended recipient or any affiliated\n\nperson,\n\nb. the communication seeks compensation for a patent that\n\nhas been held to be invalid or unenforceable in a\n\nfinal, unappealable or unappealed judicial or\n\nadministrative decision,\n\nc. the communication seeks compensation on account of\n\nactivities undertaken after the patent has expired, or\n\nd. the content of the communication fails to include such\n\ninformation necessary to inform an intended recipient\n\nor any affiliated person about the patent assertion by\n\nfailing to include any one of the following:\n\n(1) the identity of the person asserting a right to\n\nlicense the patent to or enforce the patent\n\nagainst the intended recipient or any affiliated\n\nperson,\n\n(2) the patent number issued by the United States\n\nPatent and Trademark Office alleged to have been\n\ninfringed, or\n\n(3) the factual allegations concerning the specific\n\nareas in which the intended recipient or\n\naffiliated person's products, services, or\n\ntechnology infringed the patent or are covered by\n\nthe claims in the patent.\n\nB. Nothing in this section shall be construed to be a violation\n\nof this chapter for any person who owns or has the right to license\n\nor enforce a patent to:\n\n1. Advise others of that ownership or right of license or\n\nenforcement;\n\n2. Communicate to others that a patent is available for license\n\nor sale;\n\n3. Notify another of the infringement of the patent; or\n\n4. Seek compensation for past or present infringement, or for a\n\nlicense to the patent,\n\nprovided that the person is not acting in bad faith.\n\nC. The provisions of this act shall not apply to any written or\n\nelectronic communication sent by:\n\n1. Any owner of a patent who is using the patent in connection\n\nwith substantial research, development, production, manufacturing,\n\nprocessing or delivery of products or materials;\n\n2. Any institution of higher education; or\n\n3. Any technology transfer organization whose primary purpose\n\nis to facilitate the commercialization of technology developed by an\n\ninstitution of higher education.\n\nD. The provisions of this act shall not apply to a demand\n\nletter or civil action that includes a claim for relief arising\n\nunder 35 U.S.C., Section 271(e)(2).","path":["OK Code","Title 23"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"19716898af6f68b884d03095a159014fccc0dcfdfddefe4b049b223373d5f2be","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-23-23-111","next":"us-ok/okla.-stat.-tit.-23-23-113"},"notice":"GroundRules: Original legal text. Not legal advice."}