Form PTO/SB/2048 Complaint Regarding Invention Promoter

PTO/SB/2048
Approved for use through X/XX/20XX. 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: ___________________

Additional Instructions
____________________________________________________________________________________
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 described under 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 she has 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

Paperwork Reduction Act Statement
A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a
person be subject to a penalty for failure to comply with an information collection subject to the
requirements of the Paperwork Reduction Act of 1995, unless the information collection has a valid
OMB Control Number. The OMB Control Number for this information collection is 0651-0044.
Public burden for this form is estimated to average 0.25 hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed,
and completing and reviewing the information collection. Send comments regarding this burden
estimate or any other aspect of this information collection, including suggestions for reducing this
burden to the Office of the Chief Administrative Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450 or email [email protected]. DO NOT
SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.

Privacy Act Statement
The United States Patent and Trademark Office (USPTO) collects this information under authority of 35 U.S.C.
2(b)(2). The information in this system of records is used to manage complainant names; addresses, and
telephone numbers; invention promoter names, addresses, and telephone numbers; complaints regarding
invention promoters; responses to complaints by invention promoters; and correspondence relating to these
complaints and responses. The information you provide is protected from disclosure to third parties in
accordance with the Privacy Act. However, routine uses of this information may include disclosure to the
following: to law enforcement and investigation in the event that the system of records indicates a violation or
potential violation of law; to a Federal, state, local, or international agency, in response to its request; to an
agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by
law; to non-federal personnel under contract to the agency; to a court for adjudication and litigation; to the
Department of Justice for Freedom of Information Act (FOIA) assistance; to members of Congress working on
behalf of an individual; to the Office of Personnel Management for personnel research purposes; to National
Archives and Records Administration for inspection of records; and to the Office of Management and Budget for
legislative coordination and clearance. Disclosure of the information by you is voluntary; however, failure to
provide any part of the requested information may result in our inability to process complaints. The applicable
Privacy Act System of Records Notice for this information request is CCOMMERCE/PAT–TM–15, System for
Maintenance of Invention Promoter Complaints: available at Federal Register / Vol. 65, No. 80 / Tuesday, April
25, 2000 / Notices 24177, https://www.govinfo.gov/content/pkg/FR-2000-04-25/pdf/00-10269.pdf.