Патентно-торговое ведомство США

United States national patent bureau

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". 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]". The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, currently held by Kathi Vidal as of April 19, 2022. Andrei Iancu was the former director of the USPTO until he left office on January 20, 2021. 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.

In October 2021, President Joe Biden nominated attorney Kathi Vidal to serve as the USPTO director. She was sworn in on April 13, 2022.

An agreement was reached between USPTO Management and the union as early as 2001 to increase general examiner pay over that of the General Schedule (GS); some examiners, such as those covering complex biotechnology were receiving higher pay under Special Salary Rate Table 0419 as early as 1998. At the time, such examiners were paid 21%, 15%, 8.7%, and 5.6% more at GS 11 1, 12 1, 13 1, and 14 1, respectively, over the General Schedule for the Washington D. C. locality. All examiners were classified under Special Salary Rate Table 0576 on the first day of the pay period beginning on or after November 21, 2006, when Special Salary Rate Table 0419 was terminated. With the increased authorization, examiners were paid 50%, 50%, 43%, 36%, 30%, 30%, 30%, and 30% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the 2006 General Schedule, and 26%, 28%, 22%, 16%, 11%, 11%, 11%, and 11% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the General Schedule for the Washington D. C. locality. Authorization was again increased for the Special Salary Rate Table 0576 on the first day of the pay period beginning on or after January 1, 2009, with the pay supplement increased to 53%, 53%, 46%, 39%, 33%, 33%, 33%, and 33% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the 2009 General Schedule, and 24%, 24%, 19%, 13%, 8%, 8%, 8%, and 8% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the General Schedule for the Washington D. C. locality. As of the pay period beginning on or after January 1, 2023, the pay supplement for the Special Salary Rate Table 0576 has not increased, and remains as 53%, 53%, 46%, 39%, 33%, 33%, 33%, and 33% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the 2009 General Schedule, and 15%, 15%, 10%, 5%, 0.4%, 0.4%, 0.4%, and 0.4% more at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the General Schedule for the Washington D. C. locality. As the Special Salary Rate Table 0576 does not receive the locality payment adjustments applied periodically by OPM to the General Schedule tables, examiner pay has been effectively reduced by 9%, 9%, 9%, 8%, 7.6%, 7.6%, 7.6%, and 7.6% at GS 05 1, 07 1, 09 1, 11 1, 12 1, 13 1, 14 1, and 15 1, respectively, over the General Schedule for the Washington D. C. locality since implementation of the 2009 table authorization adjustment. The erosion of special rate pay has been an ongoing and as was cited by the GAO as early as 2005.

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, as well as former federal judge Paul R. Michel. 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. 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, as well as the second budget of the Trump administration; however, stakeholders continue to press for a permanent end to fee diversion. 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.

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 then President George Washington. The X Patents (the first 9,957 (approximately), 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. as of 2011, the PTO had granted 8,743,423 patents and received 16,020,302 applications. 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). The patent was the first to receive the newly redesigned patent cover. It was signed by then President Donald Trump during a special ceremony at the Oval Office. 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.

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 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. 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". 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.

, "Method of exercising a cat", covers having a cat chase the beam from a laser pointer. The patent has been criticized as being obvious. , "Sealed crustless sandwich", issued in 1999, covers the design of a sandwich with crimped edges. However, all claims of the patent were subsequently canceled by the PTO upon reexamination. , "Hyper light speed antenna", an antenna that sends signals faster than the speed of light. , "Method of swinging on a swing", issued April 9, 2002, 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. , "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. 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. 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.

, "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. The application was rejected on August 12, 2008, as descriptive and generic. , "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' ( rejected October 31, 2008), MSI's 'WIND NETBOOK' and Coby Electronics' 'COBY NETBOOK' rejected January 13, 2009. Psion also delivered a batch of cease and desist letters on December 23, 2008, relating to the genericized trademark.

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 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., "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. The first accelerated patent was granted on March 15, 2007, with a six month issuance time. 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.