Form PTO/SB/2048 Complaint Regarding Invention Promoter

PTO/SB/2048A
Approved for use through 11/30/12. OMB 0651-0044
Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control
number.

COMPLAINT REGARDING INVENTION PROMOTER
Instructions: Read the reverse side of this form before completing and submitting the form. Complete as much of the form
as possible and return it to the U.S. Patent and Trademark Office, Mail Stop 24, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450 or fax to (571) 273-0170. Please type or write clearly.
Name of the Invention Promotion Company:
Invention Promoter’s Address:
City

State

Zip Code

State

Zip Code

Complainant’s Name:

Complainant’s Address:

City

Customer’s Name:

WHAT IS YOUR COMPLAINT?
Please be as specific as possible within the space provided
Name of mass media invention promoter advertised in: (i.e., TV, Radio, Newspaper, Magazine, Other)
Invention promotion services offered to be performed:
Explanation of complaint between customer and invention promoter:

Signed: ________________________________________ Date: ___________________
Burden Hour Statement: This collection of information is provided for by 35 U.S.C. § 297(d). The information regarding invention promoters will be released to the
public. This form is estimated to take 15 minutes to complete. This time will vary depending upon the needs of the individual case. Any comments on the amount of
time you are required to complete this form should be sent to the U.S. Patent and Trademark Office, Mail Stop Chief Information Officer, P.O. Box 1450,
Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS.

PRIVACY ACT STATEMENT
Section 297 of Title 35, United States Code, authorizes collection of this information. The primary use of
this information is to make complaints publicly available. Additional disclosures will be made to (i)
persons or entities identified in the complaint, and (ii) a Federal, State, and local law enforcement agency.
Furnishing the information on this form is voluntary, but failure to submit the information may prevent the
communication from being a publicly available complaint.
__________________________________________________________ __________________________
Carefully read the following:
An “Invention Promoter”is defined in 35 U.S.C. § 297(c)(3) as “any person, firm, partnership, corporation,
or other entity who offers to perform or performs invention promotion services for, or on behalf of, a
customer, and who holds out itself through advertising in any mass media as providing such services, but
does not include
(A) any department or agency of the Federal Government or of a State or local government;
(B) any nonprofit, charitable, scientific, or educational organization, qualified under applicable
State law or describedunder section 170(b)(1)(A) of the Internal Revenue Code;
(C) any person or entity involved in the evaluation to determine commercial potential of, or
offering to license or sell, a utility patent or a previously filed nonprovisional utility patent
application;
(D) any party participating in a transaction involving the sale of the stock or assets of a business;
or
(E) any party who directly engages in the business of retail sales of products or the distribution of
products.”
“Invention Promotion Services” is defined in 35 U.S.C. § 297(c)(4) as “the procurement or attempted
procurement for a customer of a firm, corporation, or other entity to develop and market products or
services that include the invention of the customer.”
“Customer” is defined in 35 U.S.C. § 297(c)(2) as “any individual who enters into a contract with an
invention promoter for invention promotion services.”
“Contract for invention promotion services” is defined in 35 U.S.C. § 297(c)(1) as “a contract by which an
invention promoter undertakes invention promotion services for a customer.”
Any individual completing and filing the complaint form should understand the following.
1. No action will be taken by the U.S. Patent and Trademark Office on behalf of the individual
against the invention promoter based on the complaint. The U.S. Patent and Trademark
Office has no authority to pursue a cause of action on behalf of any individual against an
invention promoter or provide the individual with any personal remedy. If an individual
believes that he or shehas an actionable case, the individual should consult with an attorney
about the possible legal options which may be available.
2. The complaint will be published.
3. The U.S. Patent and Trademark Office will provide the invention promoter with a reasonable
opportunity to respond.
4. The response by the invention promoter will be published.
Submit your complaint form by mail to:
U. S. Patent and Trademark Office

Mail Stop 24
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450