37 CFR 4.2: Definitions

Taken from the Ninth Edition of the MPEP, Revision 08.2017, Last Revised in January 2018

Previous: §4.1 | Next: §4.3

4.2    Definitions.

  • (a) 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—
    • (1) Any department or agency of the Federal Government or of a State or local government;
    • (2) 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;
    • (3) 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;
    • (4) Any party participating in a transaction involving the sale of the stock or assets of a business; or
    • (5) Any party who directly engages in the business of retail sales of products or the distribution of products.
  • (b) Customer means any individual who enters into a contract with an invention promoter for invention promotion services.
  • (c) Contract for Invention Promotion Services means a contract by which an invention promoter undertakes invention promotion services for a customer.
  • (d) 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.
[Added, 65 FR 3127, Jan. 20, 2000, effective Jan. 28, 2000]