The USPTO maintains a permanent, interdisciplinary historical record of all U.S. patent applications in order to fulfill objectives outlined in the United States Constitution. The PTO's mission is to promote "industrial and technological progress in the United States and strengthen the national economy" by:
The USPTO is headquartered at the Alexandria Campus, consisting of 11 buildings in a city-like development surrounded by ground floor retail and high rise residential buildings between the Metro stations of King Street station (the main search building is two blocks due south of the King Street station) and Eisenhower Avenue station where the actual Alexandria Campus is located between Duke Street (on the North) to Eisenhower Avenue (on the South), and between John Carlyle Street (on the East) to Elizabeth Lane (on the West) in Alexandria, Virginia. An additional building in Arlington, Virginia, was opened in 2009.
As of September 30, 2009, the end of the U.S. government's fiscal year, the PTO had 9,716 employees, nearly all of whom are based at its five-building headquarters complex in Alexandria. Of those, 6,242 were patent examiners (almost all of whom were assigned to examine utility patents; only 99 were assigned to examine design patents) and 388 were trademark examining attorneys; the rest are support staff. While the agency has noticeably grown in recent years, the rate of growth was far slower in fiscal 2009 than in the recent past; this is borne out by data from fiscal 2005 to the present: As of the end of FY 2018, the USPTO was composed of 12,579 federal employees, including 8,185 patent examiners, 579 trademark examiners, and 3,815 other staff.
Patent examiners make up the bulk of the employees at USPTO. They hold degrees in various scientific disciplines, but do not necessarily hold law degrees. Unlike patent examiners, trademark examiners must be licensed attorneys.
All examiners work under a strict, "count"-based production system. For every application, "counts" are earned by composing, filing, and mailing a first office action on the merits, and upon disposal of an application.
The discussion of which party can appropriate the fees is more than a financial question. Patent fees represent a policy lever that influences both the number of applications submitted to the office as well as their quality.
The USPTO examines applications for trademark registration, which can be filed under five different filing bases: use in commerce, intent to use, foreign application, foreign registration, or international registration. If approved, the trademarks are registered on either the Principal Register or the Supplemental Register, depending upon whether the mark meets the appropriate distinctiveness criteria. This federal system governs goods and services distributed via interstate commerce, and operates alongside state level trademark registration systems.
Trademark applications have grown substantially in recent years, jumping from 296,490 new applications in 2000, to 345,000 new applications in 2014, to 458,103 new applications in 2018. Recent growth has been driven partially by growing numbers of trademark applications originating in China; trademark applications from China have grown more than 12-fold since 2013, and in 2017, one in every nine trademark applications reviewed by the U.S. Trademark Office originated in China.
Since 2008, the Trademark Office has hosted a National Trademark Expo every two years, billing it as "a free, family-friendly event designed to educate the public about trademarks and their importance in the global marketplace." The Expo features celebrity speakers such as Anson Williams (of the television show Happy Days) and basketball player Kareem Abdul-Jabbar and has numerous trademark-holding companies as exhibitors. Before the 2009 National Trademark Expo, the Trademark Office designed and launched a kid-friendly trademark mascot known as T. Markey, who appears as an anthropomorphized registered trademark symbol. T. Markey is featured prominently on the Kids section of the USPTO website, alongside fellow IP mascots Ms. Pat Pending (with her robot cat GeaRS) and Mark Trademan.
In 2020, trademark applications marked the sharpest declines and inclines in American history. During the spring, COVID-19 lockdowns led to reduced filings, which then increased in July 2020 to exceed the previous year. August 2020 was subsequently the highest month of trademark filings in the history of the U.S. Patent and Trademark Office.
The United States allows any citizen from any country to sit for the patent bar (if he/she has the requisite technical background). Only Canada has a reciprocity agreement with the United States that confers upon a patent agent similar rights.
An unrepresented inventor may file a patent application and prosecute it on his or her own behalf (pro se). If it appears to a patent examiner that an inventor filing a pro se application is not familiar with the proper procedures of the Patent Office, the examiner may suggest that the filing party obtain representation by a registered patent attorney or patent agent. The patent examiner cannot recommend a specific attorney or agent, but the Patent Office does post a list of those who are registered.
While the inventor of a relatively simple-to-describe invention may well be able to produce an adequate specification and detailed drawings, there remains language complexity in what is claimed, either in the particular claim language of a utility application, or in the manner in which drawings are presented in a design application. There is also skill required when searching for prior art that is used to support the application and to prevent applying for a patent for something that may be unpatentable. A patent examiner will make special efforts to help pro se inventors understand the process but the failure to adequately understand or respond to an office action from the USPTO can endanger the inventor's rights, and may lead to abandonment of the application.
The USPTO accepts patent applications filed in electronic form. Inventors or their patent agents/attorneys can file applications as Adobe PDF documents. Filing fees can be paid by credit card or by a USPTO "deposit account".
The USPTO web site provides free electronic copies of issued patents and patent applications as multiple-page TIFF (graphic) documents. The site also provides Boolean search and analysis tools.
The USPTO's free distribution service only distributes the patent documents as a set of TIFF files. Numerous free and commercial services provide patent documents in other formats, such as Adobe PDF and CPC.
The USPTO has been criticized for granting patents for impossible or absurd, already known, or arguably obvious inventions. Economists have documented that, although the USPTO makes mistakes when granting patents, these mistakes might be less prominent than some might believe.
The USPTO has been criticized for taking an inordinate amount of time in examining patent applications. This is particularly true in the fast-growing area[needs update] of business method patents. As of 2005, patent examiners in the business method area were still examining patent applications filed in 2001.
The delay was attributed by spokesmen for the Patent Office to a combination of a sudden increase in business method patent filings after the 1998 State Street Bank decision, the unfamiliarity of patent examiners with the business and financial arts (e.g., banking, insurance, stock trading etc.), and the issuance of a number of controversial patents (e.g., U.S. patent 5,960,411 "Amazon one click patent") in the business method area.
As of the end of 2008, there were 1,208,076 patent applications pending at the Patent Office. At the end of 1997, the number of applications pending was 275,295. Therefore, over those eleven years there was a 439% increase in the number of pending applications.
December 2012 data showed that there was 597,579 unexamined patent applications in the backlog. During the four years since 2009, more than a 50% reduction was achieved. First action pendency was reported as 19.2 months.
In 2012, the USPTO initiated an internal investigation into allegations of fraud by employees taking advantage of its remote work policies. Investigators discovered that some patent examiners had lied about the hours they had worked, but high level officials prevented access to computer records, thus limiting the number of employees who could be punished.
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