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Effective date: January 28, 2000
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35 U.S.C. 297
Improper and deceptive invention promotion.
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(c)
DEFINITIONS.- For purposes of this section-
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(1) a
"contract for invention promotion services" means a contract by
which an invention promoter undertakes invention promotion services for a
customer;
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(2) a
"customer" is any individual who enters into a contract with an
invention promoter for invention promotion services;
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(3) the term
"invention promoter" means 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 itself out
through advertising in any mass media as providing such services, but does
not include-
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(A) any
department or agency of the Federal Government or of a State or local
government;
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(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 of 1986;
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(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;
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(D) any party
participating in a transaction involving the sale of the stock or assets of a
business; or
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(E) any party
who directly engages in the business of retail sales of products or the
distribution of products; and
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(4) the term
"invention promotion services" means 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.
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(d) RECORDS OF
COMPLAINTS.-
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(1) RELEASE OF
COMPLAINTS.- The Commissioner of Patents shall make all complaints received
by the Patent and Trademark Office involving invention promoters publicly
available, together with any response of the invention promoters. The
Commissioner of Patents shall notify the invention promoter of a complaint
and provide a reasonable opportunity to reply prior to making such complaint
publicly available.
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(2) REQUEST FOR
COMPLAINTS.- The Commissioner of Patents may request complaints relating to
invention promotion services from any Federal or State agency and include
such complaints in the records maintained under paragraph (1), together with
any response of the invention promoters.
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