Houston Inventors Association

"Inventors Helping Inventors"

NOTE: This purpose of this page is to present information regarding the filing of complaints against
"invention promoter" firms under the Inventors Rights Act of 1999 and other actions inventors can take.
It should not be construed as legal advice.

The Federal Government and many States have regulations that require "Invention Marketing" and "Invention Development" firms to disclose their "Success Rate" in their contracts, and several State and Federal agencies where inventors can file a complaint against an unscrupulous "invention promoter" company. These "success rates" are generally not available to other inventors until they are presented with a contract, and filing a complaint is only useful AFTER an inventor has been taken advantage of.

We believe that it would be a tremendous public service if the mass media (TV, radio station or publisher) that runs the invention promoter's advertisements would also require these companies to disclose their "Success Rate" in some type of disclaimer in their ads. Therefore, we suggest that if you do file a complaint, that you also:

(1) send a copy of the complaint to the TV, radio station or publisher that runs the invention promoter's advertisements; and

(2) send a copy to the Federal Communications Commission (FCC).

Urge them to review the company's "success rate" and consider requiring them to publish a disclaimer in their ad. The mass media cannot do anything unless it receives a complaint, however, if they begin receiving complaints, and knowing that their name is being publicly disclosed in a complaint against an invention promoter, they may take steps to check the credibility of those advertising invention development services on their station.

American Inventors Protection Act of 1999
While the U.S. Patent & Trademark Office does not investigate complaints or participate in any legal proceedings against invention promoters/promotion firms, under the American Inventors Protection Act of 1999, the USPTO will accept complaints filed against invention promoters/promotion firms and forward these complaints to the invention promoters/promotion firms for response. Both the complaints and the responses will be made publicly available. They will be published beginning in 2002. The USPTO does not accept complaints submitted under this system if the complainant requests confidentiality. 

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 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

(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

(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

(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

(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

How do I register a complaint against an invention promotion firm with the USPTO?

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 COMPLAINT FORM 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 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. 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:

United States Patent and Trademark Office
Office of Independent Inventor Programs
Box 24
Washington, D.C. 20231

             See the U.S. Patent Office
complaints and responses regarding
invention promoters/promotion firms


The Federal Trade Commission (FTC)
While the FTC does not resolve individual consumer problems, they investigate fraudulent, deceptive and unfair business practices and can lead to law enforcement action. The FTC has closed down several invention development firms and provides a heads-up caution on invention promoters/promotion firms, and Sweet-Sounding Promises. To file a complaint or to get free information on consumer issues, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the online complaint form. To see if a company has been investigated and/or fined by the Federal Trade Commission visit http://www2.ftc.gov/search and type in the word "invention" or the name of the company.  To see some of the cases visit the following links:

Your State Attorney General's Office
The Attorney General's Office in your state can be very helpful, and very effective. The Attorney General's office is committed to protecting consumers from deceptive business practices and consumer fraud, and have also closed down several invention development firms. If you are in Texas you can visit the Office of the Attorney General of Texas and get an online complaint form. Click here to find a local Texas Regional Office. If you are in Houston, you can contact the HOUSTON REGIONAL OFFICE (713) 223-5886 and ask for the Consumer Fraud Division. They are located at 808 Travis, Suite 812, Houston, Texas 77002-1702. To find the Attorney General of your state, click here.

Your Better Business Bureau
You can check out a company at the National Better Business Bureau Website However, many of the companies named in the cases above, still do not have a "negative report" from the Better Business Bureau. They also change their name often to avoid complaints. If you have attempted to resolve your complaint directly with the company, and are still not satisfied, the BBB will try to assist you. Please note that the BBB does not take either side in a dispute. Instead, they work to facilitate communication between the company and the consumer, to help both sides come to a satisfactory resolution to the complaint. In many cases, dispute resolution, including mediation and arbitration, may be available to help resolve the dispute. You can locate your local BBB here. You can fill out an online complaint form here.

THE GRAND SLAM
We suggest that you do ALL of the above. However, as we said above, filing a complaint is only useful AFTER an inventor has been taken advantage of. We suggest that you ALSO:

(1) send a copy of the complaint to the TV, radio station or publisher that runs the invention promoter's advertisements; and

(2) send a copy to the Federal Communications Commission (FCC).

Urge them to review the company's "success rate" and consider requiring those advertising invention development services on their station to publish a disclaimer in their ad. The mass media cannot do anything unless it receives a complaint, however, if they begin receiving complaints, and knowing that their name is being publicly disclosed in a complaint against an invention promoter, they may take steps to check the credibility of those advertisers, and require them to disclose their "Success Rate" in some type of disclaimer in their ads. This would be a tremendous public service and may prevent many inventors from losing large sums of money.

Your should mail the copy of the complaint to the advertising director of the television or radio station. To locate the address of a television or radio station click here.

While the Federal Trade Commission (FTC) has primary responsibility for determining whether specific advertising is false or misleading and for taking action against the sponsors of such material, the Federal Communications Commission (FCC) holds broadcasters responsible for exercising reasonable diligence to prevent the use of their station for false or misleading advertising, and they take into consideration any FTC findings concerning broadcast advertisements. It is responsible for regulating radio and television stations. Comments, and complaints from the public perform an important role in the enforcement activities of the Commission since they are often the way the agency learns of rule violations. If you have a inquiry, comment, or complaint regarding a commercial or non-commercial broadcast radio or television station, you can submit your concern(s) in writing to:

Federal Communications Commission
445 12th Street, S. W.
Complaints & Political Programming Branch
Enforcement Division, Mass Media Bureau
Washington, D.C. 20554

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