Contracts for invention development services must include specific boldfaced terms, and the invention developer has record-retention and access duties.
Sec. 52.102. MANDATORY CONTRACT TERMS. (a) A contract for invention development services must contain in boldfaced type of not less than 10-point size: (1) the payment terms; (2) the contract termination rights required by Section 52.104; (3) a full, clear, and concise description of the specific acts or services that the invention developer agrees to perform for the customer; (4) a statement of whether the invention developer agrees to construct, sell, or distribute one or more prototypes, models, or devices embodying the customer's invention; (5) the full name and principal place of business of the invention developer; (6) the name and principal place of business of any parent, subsidiary, or affiliated company that may engage in performing any of the invention development services; (7) if the invention developer makes an oral or written representation of estimated or projected customer earnings, a statement of estimated or projected customer earnings and a description of the data on which the estimation or projection is based; (8) the name and address of the custodian of all records and correspondence pertaining to the invention development services described by the contract; (9) a statement that the invention developer: (A) is required to maintain all records and correspondence relating to performance of the invention development services for the customer until the second anniversary of the date the contract expires; and (B) on seven days' written notice will make the invention development services records and correspondence available to the customer or the customer's representative for review and copying at the customer's reasonable expense on the invention developer's premises during normal business hours; and (10) a time schedule for performance of the invention development services, including an estimated date by which performance is expected to be completed. (b) An invention developer is a fiduciary to the extent that the description of specific acts or services required by Subsection (a)(3) gives the invention developer discretion in determining which acts or services will be performed. Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.