(a)        Any contract for invention development services that does not substantially comply with this Article is voidable at the option of the customer.? A contract for invention development services entered into in reliance on any false, fraudulent, or misleading information, representation, notice, or advertisement of the invention developer is voidable at the option of the customer.? Any waiver by the customer of any provision of this act shall be deemed contrary to public policy and shall be void and unenforceable.

(b)        Any customer or person who has been injured by a violation of this Article by an invention developer, by a false or fraudulent statement, representation, or omission of material fact by an invention developer, or by failure of an invention developer to make all disclosures required by this Article may recover in a civil action against the invention developer:

(1)        Court costs;

(2)        Attorneys[‘] fees; and

(3)        The amount of actual damages, if any, sustained by the customer, which damages may be increased to an amount not to exceed three times the damages sustained. (1989, c. 746, s. 1; c. 770, s. 62.1(1), (2); 1991, c. 235, s. 1.)

Terms Used In North Carolina General Statutes 66-215

  • Contract: A legal written agreement that becomes binding when signed.
  • contract for invention development services: means a contract by which an invention developer undertakes invention development services for a customer for a stated payment or consideration, whether or not the payment or consideration has yet been made. See North Carolina General Statutes 66-209
  • Customer: means any natural person who is solicited by, inquires about, seeks the services of, or enters into a contract with an invention developer for invention development services. See North Carolina General Statutes 66-209
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Invention: means any discovery, process, machine, design, formulation, composition of matter, product, concept, or idea, or any combination of these. See North Carolina General Statutes 66-209
  • Invention developer: is a n individual, firm, partnership, or corporation, or an agent, employee, officer, partner, or independent contractor of one of those entities, that offers to perform or performs invention development services for a customer and that is not: