RIGHTS TO DIES, MOLDS, FORMS AND PATTERNS

RSA tit. XXXI, ch. 350-C

in effect

RSA 350-C:1 Definitions.

350-C:1. Definitions. I. "Customer" means any individual or entity who causes or caused a molder to fabricate, cast, or otherwise make a die, mold, form, or pattern or who provides a molder with a die, mold, form, or pattern to manufacture, assemble, cast, fabricate or otherwise make a product or products for a customer. II. "Molder" means any individual or entity who fabricates, casts, or otherwise makes or uses a die, mold, form, or pattern for the purpose of manufacturing, assembling, casting, fabricating, or otherwise making a product or products for a customer. A "molder" includes, but is not limited to, a tool or die maker. III. "Within 3 years following the last prior use" shall be construed to include any period following the last prior use of a die, mold, form, or pattern regardless of whether or not that period precedes January 1, 1995. Source. 1994, 256:1, eff. Jan. 1, 1995.

RSA 350-C:2 Ownership Rights to Dies, Molds, Forms and Patterns.

350-C:2. Ownership Rights to Dies, Molds, Forms and Patterns. I. In the absence of any agreement to the contrary, the customer shall have all rights and title to any die, mold, form, or pattern in the possession of the molder. II. If a customer does not claim possession from a molder of a die, mold, form, or pattern within 3 years following the last prior use of such die, mold, form, or pattern, all rights and title to any die, mold, form, or pattern shall be transferred by operation of law to the molder for the purpose of destroying or otherwise disposing of such die, mold, form, or pattern, consistent with this section. III. If a molder chooses to have all rights and title to any die, mold, form, or pattern, transferred to the molder by operation of law, the molder shall send written notice by registered mail to the chief executive office of the customer or, if the customer is not a business entity, to the customer at the customer's last known address indicating that the molder intends to terminate the customer's rights and title by having all such rights and title transferred to the molder by operation of law pursuant to this subdivision. Such notice shall include a statement of the customer's rights as set forth in paragraph IV of this section. IV. (a) If a customer does not respond in person or by mail to claim possession of the particular die, mold, form, or pattern within 120 days following the date the notice was sent, or does not make other contractual arrangements with the molder for storage of the die, mold, form, or pattern, all rights and title of the customer, except patents and copyrights, shall transfer by operation of law to the molder. Thereafter, the molder may destroy or otherwise dispose of the particular die, mold, form, or pattern as the molder's own property without any risk of liability to the customer. (b) This subdivision shall not be construed in any manner to affect any right of the customer, under federal patent or copyright law or any state or federal law pertaining to unfair competition. Source. 1994, 256:1, eff. Jan. 1, 1995.

RSA 350-C:3 Liens.

350-C:3. Liens. I. Molders shall have a lien, dependent on possession, on all dies, molds, forms or patterns in their hands belonging to a customer, for the balance due them from such customer for any manufacturing or fabrication work, and in the value of all material related to such work. The molder may retain possession of the die, mold, form or pattern until the charges are paid. II. Before enforcing such lien, notice in writing shall be given to the customer, whether delivered personally or sent by registered mail to the last-known address of the customer. This notice shall state that a lien is claimed for the damages set forth in or attached to such writing for manufacturing or fabrication work contracted or performed for the customer. This notice shall also include a demand for payment. III. If the molder has not been paid the amount due within 60 days after the notice has been received by the customer as provided in paragraph II, the molder may sell the die, mold, form, or pattern at a public auction if both of the following occur: (a) The die, mold, form, or pattern is still in the molder's possession. (b) The molder complies with RSA 350-C:4. Source. 1994, 256:1, eff. Jan. 1, 1995.

RSA 350-C:4 Sale.

350-C:4. Sale. I. Before a molder may sell the die, mold, form, or pattern the molder shall notify the customer by registered mail, return receipt requested. The notice shall include the following information: (a) The molder's intention to sell the die, mold, form, or pattern 30 days after the customer's receipt of the notice. (b) A description of the die, mold, form, or pattern to be sold. (c) The time and place of the sale. (d) An itemized statement for the amount due. II. If there is not a return of the receipt of the mailing or if the postal service returns the notice as being nondeliverable, the molder shall publish notice of the molder's intention to sell the die, mold, form, or pattern in a newspaper of general circulation in the customer's last known place of business. The notice shall include a description of the die, mold, form, or pattern and name of the customer. III. (a) If the sale is for a sum greater than the amount of the lien, the excess shall be paid to any prior lienholder known to the molder at the time of the sale and any remainder to the customer, if the customer's address is known, or the state treasurer for deposit in the general fund if the customer's address is unknown to the molder at the time of the sale. (b) A sale shall not be made under this subdivision if it would be in violation of any right of a customer under federal patent or copyright law. Source. 1994, 256:1, eff. Jan. 1, 1995.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XXXI-350-C.htmFetched: 10/20/2026