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.