Pursuant to the Inventorsâ Rights Act of 1999, 35 U.S.C. 297, and implementing regulations at 37 CFR, Part 4, the United States Patent and Trademark Office (USPTO) is required to provide a form for the publication of complaints concerning invention promoters. Upon receipt of a complaint, the USPTO will forward it to the invention promoter for a response. The USPTO does not investigate these complaints or participate in any legal proceedings against invention promoters or invention promotion companies. Under the Inventorsâ Rights Act, the USPTO is responsible only for publishing complaints and responses on the USPTO website, making them available to the public.
A complaint submitted to the USPTO must be clearly marked, or otherwise identified, as a complaint. The complaint must include:
(1) the name and address of the complainant;
(2) the name and address of the invention promoter;
(3) the name of the customer;
(4) the invention promotion services offered or performed by the invention promoter;
(5) the name of the mass media in which the invention promoter advertised such services;
(6) an example of the relationship between the customer and the invention promoter; and
(7) a signature of the complainant.
Identifying information is necessary so that the USPTO can both forward the complaint to the invention promoters or invention promotion companies as well as notify the complainant that the complaint has been forwarded. Complainants should understand that the complaints will be forwarded to the invention promoter for response and that the complaint and response will be made available to the public as required by the Inventorsâ Rights Act. If the USPTO does not receive a response from the invention promoter within 30 days, the complaint will be published without a response. Under this program, the USPTO does not accept complaints that request confidentiality. The USPTO may refer submitted complaints to the USPTO Office of Enrollment and Discipline, as appropriate.
This information collection contains one form, PTO/2048A (Complaint Regarding Invention Promotion), which is used by the public to submit a complaint under this program. This form is available for download from the USPTO website. Use of this form is voluntary.
Complainants may submit a complaint without the form as long as the complaint includes the necessary information and the submission is clearly marked as a complaint filed under the Inventorsâ Rights Act. Invention promotion firms may use any format when responding to a submitted complaint; there is no associated USPTO form. Complaints and responses are posted at https://www.uspto.gov/patents/basics/using-legal-services/scam-prevention/published-complaints/published. Although the USPTO typically receives only a few complaints each year, that number is expected to rise given the recent announcement of new efforts to mitigate threats and protect the integrity of the U.S. patent system: https://www.uspto.gov/patents/fraud.
US Code:
35 USC 297
Name of Law: Inventors' Rights Act of 1999
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form PTO/SB/2048 Complaint Regarding Invention Promoter
0651-0044 Supporting Statement Final.docx
American Inventor's Protection Act of 1999.pdf
Complaint Regarding Invention Promoter