Before making commitments to invention promoters/promotion
firms
You should check on the reputation of invention promoters/promotion
firms before making any commitments. Remember, not
all
invention promoters/promotion firms are legitimate.
It's best to be wary of any firm that promises too
much
and/or costs too much.
If you are thinking about using one of these firms, ask
for references from their current clients and check
the
firm's reputation by:
- looking for complaints listed on this Web site
- consulting the Better Business Bureau
- consulting the Chambers of Commerce in your area
If you have hired a patent attorney or agent, ask them about
the invention promoter/promotion firm. You can also
ask others who may know them. You may wish to refer
to the following sites to learn more about fraudulent
invention promoters/promotion firms.
Invention
promoters/promotion firms
At this site, the Federal Trade Commission (FTC)
provides a heads-up caution on invention promoters/promotion
firms.
Consumer
Protection
The FTC also provides other services and information
at their site about business venture and investment
frauds.
Required information disclosure from invention promoters/promotion
firms
If you decide to use the services of an invention promoter/promotion
firm, keep in mind that the firm must disclose specific
information to you regarding their past business practices.
This mandatory disclosure is required by law [PDF] and is intended to help you
make an informed decision whether or not the firm
will
meet
your needs.
Specifically, before an invention promotion contract can
be established between you and the firm, each invention
promotion firm must disclose to you in writing each of the following items of information:
(1) The total number of inventions evaluated by the invention
promoter for commercial potential in the past
5 years,
as well as the number of those inventions that received
positive evaluations, and the number of those
inventions
that received negative evaluations
In other words, how much experience does the promoter
have? What is their track record? Do they generally
give mostly positive or negative evaluations, or
is there a balance between their positive and
negative
evaluation history?
(2) The total number of customers who have contracted
with the invention promoter in the past 5 years,
not
including customers who have purchased trade show services,
research, advertising, or other nonmarketing services
from the invention promoter, or who have defaulted
in their payment to the invention promoter
This information will give you an idea of just how
experienced the promoter or firm is and the
volume of services
they provide.
(3) The total number of customers known by the invention
promoter to have received a net financial profit
as
a direct result of the invention promotion services
provided by such invention promoter
What financial impact, if any, has the promoter or
firm actually made to its customers?
(4) The total number of customers known by the invention
promoter to have received license agreements for
their
inventions as a direct result of the invention promotion
services provided by such invention promoter
Like item (3) above, this information will also enable
you to gauge the effectiveness of the firm in
evaluating
its direct impact on its customers. Note the key
words in the last two requirements--"…as a direct
result of the invention promotion services provided
by such
invention promoter". Be aware that just because a
license agreement was eventually secured for a given
invention does not necessarily mean that it was a
"direct result" of the promotion activities of the
firm.
(5) The names and addresses of all previous invention
promotion companies with which the invention promoter
or its officers have collectively or individually been
affiliated in the previous 10 years
This information will help you to know the history
of the promoter or firm, even if the promoter
changes
firms or the firm changes its name.
How do I register a complaint against an invention promotion
firm with the USPTO?
While the USPTO does not investigate complaints or participate
in any legal proceedings against invention promoters/promotion
firms, the American Inventors Protection Act of 1999 [PDF] does
provide that the USPTO will:
(1) accept complaints filed against invention promoters/promotion
firms;
(2) forward these complaints to the invention promoters/promotion
firms for response; and
(3) make the complaints and responses publicly available.
Both the complaints and the responses will be published
on this Web site so that they will be publicly available.
However, the USPTO does not accept complaints submitted
under this system if the complainant requests confidentiality.
In order for the USPTO to identify a submission as a complaint
under the American Inventors Protection Act, the
complaint
must be clearly marked or otherwise indicate that it
is a complaint filed under the American Inventors
Protection
Act of 1999. The USPTO has a form [PDF] for the purpose of lodging such a complaint;
however, use of this form is not mandatory. General
letters
of
complaint sent to the USPTO will not be treated under
this complaint publication program.
What are the minimum requirements for a complaint?
At a minimum, a complaint filed under the American Inventors Protection
Act of 1999 [PDF] must provide the following:
1. The name and address of the person making the complaint;
2. The name and address of the invention promoter/promotion
firm;
3. The name of the customer of the invention promoter/promotion
firm;
4. An explanation of the invention promotion services
offered or performed;
5. The name of the mass media used to advertise the invention
promoter's services;
6. An explanation of the relationship between the customer
and the invention promotion services;
7. A signature of the complainant.
The complaint should fairly and impartially summarize the
action or inaction of the invention promoter/promotion
firm that is the basis of the complaint. The purpose
of the American Inventors Protection Act of 1999
is
to provide complainants with a forum for publicly making
a complaint against an invention promoter/promotion
firm.
Submissions that do not provide the requested information
will be returned. If a complainant's address is
not
provided, the submission will be destroyed. A complaint
can be withdrawn by the complainant or named customer
at any time prior to its publication.
No originals of documents should be included with the complaint.
Complaints should be mailed to the following address:
Mail
Stop 24
Director
of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
=online
business system 
=fees 
=forms
=help 
=laws/regulations 
=definition
(glossary)