Definitions.

§ 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.