United States Patent and Trademark Office

The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.

The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars".<ref name="Bohle">Template:Cite news</ref> Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services [it] provide[s]".<ref name="Bohle"/><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. Template:As of, Coke Morgan Stewart is acting undersecretary and director,<ref name="Stewart-bio">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> having been appointed to the position by President Trump on January 20.<ref>Template:Cite news</ref>

The USPTO cooperates with the European Patent Office (EPO) and the Japan Patent Office (JPO) as one of the Trilateral Patent Offices. The USPTO is also a Receiving Office, an International Searching Authority and an International Preliminary Examination Authority for international patent applications filed in accordance with the Patent Cooperation Treaty.

Mission

The legal basis for the United States patent system is the Copyright Clause in Section 8 of Article I of the U.S. Constitution, which gives Congress the power to grant patents and copyrights on a national basis. Trademark law, on the other hand, is considered to be authorized by the Commerce Clause.<ref>Template:Cite news</ref>

The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

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.<ref name="Bohle"/> The PTO's mission is to promote "industrial and technological progress in the United States and strengthen the national economy" by:

• Administering the laws relating to patents and trademarks;
• Advising the secretary of commerce, the president of the United States, and the administration on patent, trademark, and copyright protection; and
• Providing advice on the trade-related aspects of intellectual property.

• Patent Office relief on the Herbert C. Hoover Building.JPG

  Relief representing the Patent Office at the Herbert C. Hoover Building

• 14 12 31 US Patent Office Sign Alexandria VA 01.jpg

  Signboard of U.S. Patent Office Alexandria

Structure

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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> An additional building in Arlington, Virginia, was opened in 2009.

The USPTO was expected by 2014 to open its first ever satellite offices in Detroit, Dallas, Denver, and Silicon Valley to reduce backlog and reflect regional industrial strengths.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The first satellite office opened in Detroit on July 13, 2012.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>Template:Cite press release</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Markowitz">Template:Cite news</ref><ref>Template:Cite newsTemplate:Dead link</ref> In 2013, due to the budget sequestration, the satellite office for Silicon Valley, which is home to one of the nation's top patent-producing cities, was put on hold.<ref name=seq1>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> However, renovation and infrastructure updates continued after the sequestration, and the Silicon Valley location opened in the San Jose City Hall in 2015.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Template:As of, 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.<ref name="USPTO 2005–2009 count">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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:<ref name="USPTO 2005–2009 count"/> 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• US Patent Office main building.jpg

  USPTO Madison Building Exterior

• Interior of the US Patent and Trademark Madison Building.jpg

  Interior atrium of the USPTO Madison Building

• United States Patent and Trademark Office, San Jose City Hall, San Jose, California.jpg

  USPTO satellite office in San Jose, California

At end of FY	Employees	Patent examiners	Trademark examining attorneys	Patent filings (utility)	Trademark filings	Patent application backlog
2024	14,082Template:R	8,944Template:R	765Template:R	466,079Template:R	767,138Template:R
citation	CitationClass=web }}</ref>	13,452Template:R	8,568Template:R	756Template:R	594,143Template:R	737,018Template:R
2022	13,103Template:R	8,509Template:R	718Template:R	457,510Template:R	787,798Template:R
2021	12,963Template:R	8,073Template:R	662Template:R	650,703Template:R	943,928Template:R
citation	CitationClass=web }}</ref>	12,928	8,434	622	653,311Template:R	738,112Template:R
citation	CitationClass=web }}</ref>	12,652	9,614	701	666,843Template:R	673,233Template:R
citation	CitationClass=web }}</ref>	12,579	8,185	579	647,572Template:R	594,107Template:R
citation	CitationClass=web }}</ref>	12,588	8,147	549	650,350Template:R	530,270Template:R	526,579
citation	CitationClass=web }}</ref>	12,725	8,351	570	650,411	530,270	537,655
citation	CitationClass=web }}</ref>	12,667	9,161	456	618,062<ref name="FY 2016"/>	503,889<ref name="FY 2016"/>	553,221<ref name="FY 2016"/>
citation	CitationClass=web }}</ref>	12,450	9,302	429	618,457<ref name="FY 2016"/>	455,017<ref name="FY 2016"/>
citation	CitationClass=web }}</ref>	11,773	8,051	409	601,464<ref name="FY 2016"/>	433,654<ref name="FY 2016"/>
citation	CitationClass=web }}</ref>	11,531	7,935	386	565,406	415,026	608,283
citation	CitationClass=web }}</ref>	10,210	6,780	378	536,604	398,667
citation	CitationClass=web }}</ref>	9,507	6,225	378	509,367	368,939	726,331
citation	CitationClass=web }}</ref>	9,716	6,243	388	485,500	352,051	750,596
citation	CitationClass=web }}</ref>	9,518	6,055	398	495,095	401,392	750,596
citation	CitationClass=web }}</ref>	8,913	5,477	404	467,243	394,368
citation	CitationClass=web }}</ref>		4,779	413
2005		4,177<ref name="FY 2006"/>	357<ref name="FY 2006"/>
2004		3,681<ref name="FY 2006"/>	286<ref name="FY 2006"/>
2003		3,579<ref name="FY 2006"/>	256<ref name="FY 2006"/>
citation	CitationClass=web }}</ref>	5,300
citation	CitationClass=web }}</ref><ref name="Filed 96">{{#invoke:citation/CS1|citation	CitationClass=web }}</ref><ref name="Trademark 96">{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>				189,979<ref name="Filed 96"/>	200,640<ref name="Trademark 96"/>
citation	CitationClass=web }}</ref>				221,304	175,307
citation	CitationClass=web }}</ref>				186,126	155,376
1993<ref name="FY 1994"/>				174,553	139,735
1992<ref name="FY 1994"/>				172,539	125,237
1986				120,988<ref name="Filed 96"/>	69,253<ref name="Trademark 96"/>
1976				101,807<ref name="Filed 96"/>	37,074<ref name="Trademark 96"/>

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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

All examiners work under a strict, "count"-based production system.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> For every application, "counts" are earned by composing, filing, and mailing a first office action on the merits, and upon disposal of an application.

Prior to 2012, decisions of patent examiners could be appealed to the Board of Patent Appeals and Interferences, an administrative law body of the USPTO. Decisions of the BPAI could further be appealed to the United States Court of Appeals for the Federal Circuit, or a civil suit could be brought against the Commissioner of Patents in the United States District Court for the Eastern District of Virginia.<ref>35 U.S.C. § 145.</ref> The United States Supreme Court may ultimately decide on a patent case. Under the America Invents Act, the BPAI was converted to the Patent Trial and Appeal Board or "PTAB".<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Similarly, decisions of trademark examiners could be appealed to the Trademark Trial and Appeal Board, with subsequent appeals directed to the Federal Circuit, or a civil action may also be brought.

Management

In October 2021, President Joe Biden nominated attorney Kathi Vidal to serve as the USPTO director.<ref>Template:Cite news</ref> She was sworn in on April 13, 2022.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> On December 16, 2022, Kathi Vidal announced that Vaishali Udupa,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> an intellectual property attorney, engineer, and currently a top executive from Hewlett Packard Enterprise (HPE), will join the 13,000-person Department of Commerce agency as the new commissioner for patents effective January 17, 2023.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Fee diversion

For many years, Congress has "diverted" about 10% of the fees that the USPTO collected into the general treasury of the United States. In effect, this took money collected from the patent system to use for the general budget. This fee diversion has been generally opposed by patent practitioners (e.g., patent attorneys and patent agents), inventors, the USPTO,<ref>Template:Cite press release</ref> as well as former federal judge Paul R. Michel.<ref>Interview With Chief Judge Paul R. Michel On U.S. Patent Reform Template:Webarchive, Intellectual Property Watch, July 19, 2011. Consulted on August 8, 2011.</ref> These stakeholders would rather use the funds to improve the patent office and patent system, such as by implementing the USPTO's 21st Century Strategic Plan.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The last six annual budgets of the George W. Bush administration did not propose to divert any USPTO fees, and the first budget of the Barack Obama administration continued this practice,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> as well as the second budget of the Trump administration;<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> however, stakeholders continue to press for a permanent end to fee diversion.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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.<ref>Template:Cite journal</ref><ref>Template:Cite journal</ref>

Patents

File:FirstUSpatent.jpg

First United States patent

File:Inventors Hall of Fame in Madison Bldg at USPTO.jpg

The National Inventors Hall of Fame is housed in the Madison Building of the USPTO.

• On July 31, 1790, the first U.S. patent was issued to Samuel Hopkins for an improvement "in the making of Pot ash and Pearl ash by a new Apparatus and Process". This patent was signed by President George Washington.
• The X-Patents (the first 9,957 (approximately),<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> issued between 1790 and 1836) were destroyed by a fire; fewer than 3,000 of those have been recovered and re-issued with numbers that include an "X". The X generally appears at the end of the numbers hand-written on full-page patent images; however, in patent collections and for search purposes, the X is considered to be the patent type – analogous to the "D" of design patents – and appears at the beginning of the number. The X distinguishes the patents from those issued after the fire, which began again with patent number 1.

• Each year, the PTO issues over 150,000 patents to companies and individuals worldwide. Template:As of, the PTO had granted 8,743,423 patents and received 16,020,302 applications.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }} </ref>

• On June 19, 2018, the 10 millionth U.S. patent was issued to Joseph Marron for invention of a "Coherent LADAR [System] Using Intra-Pixel Quadrature Detection" to improve laser detection and ranging (LADAR).<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> The patent was the first to receive the newly redesigned patent cover. It was signed by President Donald Trump during a special ceremony at the Oval Office.<ref>Template:Cite tweet</ref>

• In February 2024, the USPTO issued a new guideline relating to obtaining a patent as per earlier recommendation by Biden's administration. The guideline states that; to obtain a patent, a real person, not AI, must have made a “significant contribution” to the invention and that only a human being can be named as an inventor on a patent.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

List of millionth U.S. patents

Patents issued under the revised numbering scheme of the Patent Act of 1836

Patent number	Patent title	Issue date	Days since preceding millionth issue
citation	CitationClass=web }}</ref> || Traction Wheels || July 13, 1836
citation	CitationClass=web }}</ref> || Vehicle Tire || August 8, 1911 || Template:Age in days
citation	CitationClass=web }}</ref> || Vehicle Wheel Construction || May 12, 1932 || Template:Age in days
citation	CitationClass=web }}</ref> || Automatic Reading System || May 6, 1955 || Template:Age in days
citation	CitationClass=web }}</ref> || Process for Recycling Asphalt-Aggregate Compositions || December 28, 1976 || Template:Age in days
citation	CitationClass=web }}</ref> || Ethanol Production by Escherichia Coli Strains || March 19, 1991 || Template:Age in days
citation	CitationClass=web }}</ref> || Extendible Method and Apparatus for Synchronizing Multiple Files on Two Different Computer Systems || December 7, 1999 || Template:Age in days
citation	CitationClass=web }}</ref> || Polysaccharide Fibers || February 14, 2006 || Template:Age in days
citation	CitationClass=web }}</ref> || Visual Prosthesis || August 16, 2011 || Template:Age in days
citation	CitationClass=web }}</ref> || Windshield Washer Conditioner || April 7, 2015 || Template:Age in days
citation	CitationClass=web }}</ref> || Coherent Ladar Using Intra-Pixel Quadrature Detection || June 19, 2018 || Template:Age in days
citation	CitationClass=web }}</ref> || Repositioning Wires and Methods for Repositioning Prosthetic Heart Valve Devices within a Heart Chamber || May 11, 2021 || Template:Age in days
citation	CitationClass=web }}</ref> || Labeled Nucleotide Analogs, Reaction Mixtures, and Methods and System for Sequencing || June 4, 2024 || Template:Age in days

Trademarks

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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }} Note: click on "Trademarks" then click on "TESS" tab.</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Trademark applications have grown substantially in recent years, jumping from 296,490 new applications in 2000,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> to 345,000 new applications in 2014, to 458,103 new applications in 2018.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>Template:Cite news</ref>

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."<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The Expo features celebrity speakers such as Anson Williams (of the television show Happy Days)<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and basketball player Kareem Abdul-Jabbar<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> 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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Representation

The USPTO only allows certain qualified persons to practice before the USPTO. Practice includes filing of patent and trademark applications on behalf of individuals and companies, prosecuting the patent and trademark applications, and participating in administrative appeals and other proceedings before the PTO examiners, examining attorneys and boards. The USPTO sets its own standards for who may practice. Any person who practices patent law before the USPTO must become a registered patent attorney or agent. A patent agent is a person who has passed the USPTO registration examination (the "patent bar") but has not passed any state bar exam to become a licensed attorney; a patent attorney is a person who has passed both a state bar and the patent bar and is in good standing as an attorney.<ref name="uspto1">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> A patent agent can only act in a representative capacity in patent matters presented to the USPTO, and may not represent a patent holder or applicant in a court of law. To be eligible for taking the patent bar exam, a candidate must possess a degree in "engineering or physical science or the equivalent of such a degree".<ref name="uspto1"/> Any person who practices trademark law before the USPTO must be an active member in good standing of the highest court of any state.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The United States allows any citizen from any country to sit for the patent bar (if he/she has the requisite technical background).<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Only Canada has a reciprocity agreement with the United States that confers upon a patent agent similar rights.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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.<ref>Manual of Patent Examining Procedure, Chapter 400 Template:Webarchive</ref> The patent examiner cannot recommend a specific attorney or agent, but the Patent Office does post a list of those who are registered.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

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.

Electronic filing system

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".

Patent search tools

File:PSF at USPTO Madison Bldg.jpg

The lobby of the Public Search Facility, looking out toward the atrium, inside the Madison Building of the USPTO. The bronze bust of Thomas Jefferson is at the far right. Researchers can access patent search databases within the facility.

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.<ref>Template:Usurped</ref>

The USPTO's free distribution service only distributes the patent documents as a set of TIFF files.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Numerous free and commercial services provide patent documents in other formats, such as Adobe PDF and CPC.

Criticisms

The USPTO has been criticized for granting patents for impossible or absurd, already known, or arguably obvious inventions.<ref name="ross">Philip E. Ross, Patently Absurd Template:Webarchive, Forbes.com, May 29, 2000.</ref> Economists have documented that, although the USPTO makes mistakes when granting patents, these mistakes might be less prominent than some might believe.<ref>Template:Cite journal</ref>

Controversial patents

• {{#if:5,443,036

|[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:5443036 }}|5443036}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|5,443,036}}] |{{US patent|123456|link text}}}}, "Method of exercising a cat", covers having a cat chase the beam from a laser pointer. The patent has been criticized as being obvious.<ref name="NYTimes2004_10_21">Template:Cite news</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• {{#if:6,004,596

|[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:6004596 }}|6004596}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|6,004,596}}] |{{US patent|123456|link text}}}}, "Sealed crustless sandwich", issued in 1999, covers the design of a sandwich with crimped edges.<ref name="NYTimes2004_10_21"/><ref>Template:Cite news</ref> All claims of the patent were canceled by the PTO upon reexamination.<ref>Reexamination certificate no. US 6,004,596 C1, September 25, 2007, retrieved from USPTO Public Patent Application Information Retrieval (PAIR) Template:Webarchive, December 1, 2008 (request PAIR entry for Reexamination Control Number 90/005949 as "Application Number").</ref>

• {{#if:6,025,810

|[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:6025810 }}|6025810}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|6,025,810}}] |{{US patent|123456|link text}}}}, "Hyper-light-speed antenna", an antenna that sends signals faster than the speed of light.<ref name="ross"/> According to the description in the patent, "The present invention takes a transmission of energy, and instead of sending it through normal time and space, it pokes a small hole into another dimension, thus, sending the energy through a place which allows transmission of energy to exceed the speed of light."<ref>{{#if:6,025,810 |[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:6025810 }}|6025810}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|6,025,810}}] |{{US patent|123456|link text}}}}, col. 1, lines 30–34.</ref>

• {{#if:6,368,227

|[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:6368227 }}|6368227}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|6,368,227}}] |{{US patent|123456|link text}}}}, "Method of swinging on a swing", issued April 9, 2002,<ref name="NewScientist2002_04_17">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="NYTimes2002_05_13">Template:Cite news</ref> was granted to a seven-year-old boy, whose father, a patent attorney, wanted to demonstrate how the patent system worked to his son who was five years old at the time of the application. The PTO initially rejected it due to prior art, but eventually issued the patent.<ref name="NewScientist2002_04_17"/> Upon reexamination all claims of the patent were canceled by the PTO.<ref>Reexamination certificate no. US 6,368,227 C1, July 1, 2003, retrieved from USPTO Public Patent Application Information Retrieval (PAIR) Template:Webarchive, August 22, 2008</ref>

• {{#if:6,960,975

|[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:6960975 }}|6960975}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|6,960,975}}] |{{US patent|123456|link text}}}}, "Space vehicle propelled by the pressure of inflationary vacuum state", describes an anti-gravity device. In November 2005, the USPTO was criticized by physicists for granting it. The journal Nature first highlighted this patent issued for a device that presumably amounts to a perpetual motion machine, defying the laws of physics.<ref>Template:Cite journal</ref><ref>Template:Cite news</ref><ref>Template:Cite news</ref><ref>An untraceable link was also included here as an additional reference.Template:Full citation needed Template:Webarchive</ref> The device comprises a particular electrically superconducting shield and electromagnetic generating device. The examiner allowed the claims because the design of the shield and device was novel and not obvious.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }} Note: Navigate to the 'Image File Wrapper' to find the file; download and open with a PDF reader. The specific passage from the document follows: "The following is an examiner's statement of reasons for allowance: None of the prior art of record taught or disclosed the claimed superconducting shield and electromagnetic field generating means structure."</ref> In situations such as this where a substantial question of patentability is raised after a patent is issued, the Commissioner of the Patent Office can order a reexamination of the patent.

Controversial trademarks

• Template:US trademark, "Cloud Computing" for Dell, covering "custom manufacture of computer hardware for use in data centers and mega-scale computing environments for others", was allowed by a trademark attorney on July 8, 2008. Cloud computing is a generic term that could define technology infrastructure for years to come, which had been in general use at the time of the application.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref> The application was rejected on August 12, 2008, as descriptive and generic.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• Template:US trademark, "Netbook" for Psion, covering "laptop computers" was registered on November 21, 2000. Although the company discontinued the netBook line in November 2003 and allowed the trademark to become genericized through use by journalists and vendors (products marketed as 'netbooks' include the Dell Inspiron Mini Series, Asus eeePC, HP Mini 1000, MSI Wind Netbook and others), USPTO subsequently rejected a number of trademarks citing a "likelihood of confusion" under section 2(d), including 'G NETBOOK' (Template:US trademark rejected October 31, 2008), MSI's 'WIND NETBOOK' (Template:US trademark) and Coby Electronics' 'COBY NETBOOK' (Template:US trademark) rejected January 13, 2009. Psion also delivered a batch of cease-and-desist letters on December 23, 2008, relating to the genericized trademark.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web }}</ref>

Slow patent examination and backlog

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The USPTO has been criticized for taking an inordinate amount of time in examining patent applications. This is particularly true in the fast-growing areaTemplate:Update after of business method patents. As of 2005, patent examiners in the business method area were still examining patent applications filed in 2001.Template:Citation needed

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., {{#if:5,960,411 |[{{#ifeq:|uspto|http://patft.uspto.gov/netacgi/nph-Parser?patentnumber=%7Chttps://patents.google.com/patent/US}}{{#iferror:{{#expr:5960411 }}|5960411}} U.S. patent {{#ifeq:Template:Replace|Template:Digits|Template:Replace|5,960,411}}] |{{US patent|123456|link text}}}} "Amazon one click patent") in the business method area.

Effective August 2006, the USPTO introduced an accelerated patent examination procedure in an effort to allow inventors a speedy evaluation of an application with a final disposition within twelve months. The procedure requires additional information to be submitted with the application and also includes an interview with the examiner.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The first accelerated patent was granted on March 15, 2007, with a six-month issuance time.<ref>USPTO grants first patent under accelerated review option Template:Webarchive Press Release</ref>

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.<ref>Gene Quinn, How to Fix the USPTO Template:Webarchive, IPWatchdog, November 21, 2008. Consulted on December 6, 2008.</ref>

December 2012 data showed that there was 597,579 unexamined patent applications in the backlog.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }} December 2012 Patents Data</ref> During the four years since 2009, more than a 50% reduction was achieved. First action pendency was reported as 19.2 months.

Fraud by remote working employees

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.<ref>Template:Cite news</ref>

See also

Directors of the USPTO
1. List of people who have headed the United States Patent Office
...
r. Bruce Lehman (1993–1998)
s. Q. Todd Dickinson (1998–2001)
t. James E. Rogan (December 2001 – 2004)
u. Jon Dudas (2004 – January 2009)
v. John J. Doll (January 2009 – August 2009) (acting)
w. David J. Kappos (August 2009 – February 2013)
x. Teresa Stanek Rea (February 2013 – November 21, 2013) (acting)
y. Margaret A. (Peggy) Focarino (November 21, 2013 – January 12, 2014) (by delegation)
z. Michelle K. Lee (January 13, 2014 – June 6, 2017)
aa. Joseph Matal (June 7, 2017 – February 8, 2018) (acting)<ref>{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>
bb. Andrei Iancu (February 8, 2018 – January 20, 2021)<ref name=PTO20180208>Template:Cite news</ref>
cc. Kathi Vidal (2022–present)

• Confederate Patent Office
• Criticism of the United States government § Criticism of agencies
• Electronic Filing System (USPTO)
• Ex Parte Quayle
• Google Patents
• John Ruggles
• Invention Secrecy Act
• NASA spinoff
• National Inventors Hall of Fame
• Office of Independent Inventor Programs (1999)
• Old Patent Office Building
• Patent Application Information Retrieval (PAIR)
• Patent model
• Patent Office Professional Association (POPA)
• Science and technology in the United States
• Technological history of the United States
• Timeline of United States discoveries
• Timeline of United States inventions
• Yankee ingenuity
• 1836 U.S. Patent Office fire
• 1877 U.S. Patent Office fire

Further reading

• Template:Cite book Template:ISBN.
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External links

• Template:Official website
• USPTO in the Federal Register
• Searches (USPTO)
• Trademark Applications and Registrations Retrieval (TARR) search by trademark serial number or registration number (USPTO)
• Office of Enrollment & Discipline (OED)
• Patent and Trademark Depository Library Program
• Stopfakes.gov Small Business Resources
• Patent Full-Text and Full-Page Image Databases (USPTO)
• Template:Gutenberg author
• Template:Internet Archive author