(a) If a communication alleging patent infringement or copyright infringement is received that does not meet the requirements set forth in §1245.202(a), the sender shall be advised in writing by the Agency Counsel for Intellectual Property:

(1) That the claim for infringement has not been satisfactorily presented; and

(2) Of the elements necessary to establish a claim.

(b) A communication, in which no infringement is alleged in accordance with §1245.202(a), such as a mere proffer of a license, shall not be considered a claim for infringement.