---
kind: "section"
citation: "37 C.F.R. § 4.5"
title: "37"
number: "4.5"
heading: "Notice by publication."
url: "https://uscodex.org/cfr/37/4.5"
---

# §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.


## Notes

### Amendments

[68 FR 9553, Feb. 28, 2003]

### Authority

Authority: 35 U.S.C. 2(b)(2) and 297.

### Source

Source: 65 FR 3129, Jan. 20, 2000, unless otherwise noted.

### Amendments

[68 FR 9553, Feb. 28, 2003]
