37 CFR § 4.2 — Definitions. (MPEP Coverage Index) – BlueIron IP
37 CFR § 4.2 Definitions.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 4.2, including 3 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Official MPEP § 4.2 — Definitions.
Source: USPTOLast Modified: 10/30/2024 08:50:22
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]