37 CFR § 4.5 - Notice by publication.

---
identifier: "/us/cfr/t37/s4.5"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 4.5 - Notice by publication."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "4.5"
section_name: "Notice by publication."
chapter_name: "UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF COMMERCE"
subchapter_number: "A"
subchapter_name: "GENERAL"
part_number: "4"
part_name: "COMPLAINTS REGARDING INVENTION PROMOTERS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "35 U.S.C. 2(b)(2) and 297."
regulatory_source: "65 FR 3129, Jan. 20, 2000, unless otherwise noted."
cfr_part: "4"
---


# 4.5 Notice by publication.

If the copy of the complaint that is mailed to the invention promoter is returned undelivered, then the USPTO will primarily publish a Notice of Complaint Received on the USPTO's Internet home page at *http://www.uspto.gov.* Only where the USPTO's Web site is unavailable for publication will the USPTO publish the Notice of Complaint in the *Official Gazette* and/or the *Federal Register.* The invention promoter will be given 30 days from such notice to submit a reply to the Notice of Complaint. If the USPTO does not receive a reply from the invention promoter within 30 days, the complaint alone will become publicly available.

[68 FR 9553, Feb. 28, 2003]