Mission and Organization of the USPTO
Mission
Under Secretary David Kappos and Deputy Under Secretary Sharon Barner greet Secretary of Commerce Gary Locke during his visit to the USPTO campus October 6, 2010.
Fostering innovation, competitiveness and economic growth, domestically and abroad by delivering high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide, with a highly skilled, diverse workforce.
The USPTO’s mission is anchored in Article I, Section 8, Clause 8, of the Constitution “to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writing and discoveries,” and the Commerce Clause of the Constitution (Article 1, Section 8, Clause 3) supporting the federal registration of trademarks.
For most of the last century, the United States has been the clear leader in developing new technologies, products and entire industries that provide high-value jobs for Americans, enabling us to maintain our economic and technological leadership.
As a part of the Department of Commerce, the USPTO is uniquely situated to support the accomplishment of the Department’s mission to create the conditions for economic growth and opportunity by promoting innovation, entrepreneurship, competitiveness, and stewardship.
Our Organization
The USPTO is an agency of the United States within the Department of Commerce (DOC). The Agency is led by the Under Secretary of Commerce for Intellectual Property and Director of the USPTO who consults with the Patent Public Advisory Committee and the Trademark Public Advisory Committee. The USPTO has two major organizations: Patents and Trademarks, as shown in the fiscal year (FY) 2010 organization chart below. Headquartered in Alexandria, Virginia, the USPTO also has two storage facilities located in Virginia and Pennsylvania.
On October 1, 2010, USPTO reorganized its operational structure to strengthen the agency’s management, communications and policy functions in accordance with the goals set forth in the USPTO 2010-2015 Strategic Plan. The reorganization creates the Office of the Chief Communications Officer and Office of Equal Employment Opportunity and Diversity. The new offices, along with the Patent and Trademark Appeals Boards, will report directly to the Under Secretary and Director, as shown in the organization chart titled “Effective FY 2011.”
USPTO has revised the structure so that it can operate more efficiently, communicate with the public in a more effective and transparent manner, and enhance our ability to reduce patent pendency and bringing innovation to market sooner, while strengthening the appeal process, promoting a more diverse workplace, and enhancing the agency’s critical communications and outreach functions. The reorganization will not increase the USPTO’s number of full-time employees or resource requirements, and the agency’s current facilities in Alexandria, VA, will accommodate the reorganization.
The Excellence in Government (EIG) Program team gathers at the USPTO for their initial meeting. The team will identify best practices of private and public sector employment engagement and retention over the next year. Front row right to left: Acting Division Strategic Human Capital Chief Deborah Reynolds; Office of Human Resources (OHR) Director Karen Karlinchak; Deputy Commissioner for Patents Peggy Focarino. Back Row right from left: Cordella Chansler, Partnership for Public Service; Omari Wooden, Department of Commerce; Stacy Boyd, National Science Foundation; and Anthony Van Ess, Executive Office of the President; Rhonda Mayfield, OHR; Dale Polley, OHR; Associate Commissioner for Patent Resources and Planning Bo Bounkong.
The USPTO has evolved into a unique government agency. In 1991 – under the Omnibus Budget Reconciliation Act (OBRA) of 1990 – the USPTO became fully supported by user fees to fund its operations. In 1999, the American Inventors Protection Act established the USPTO as an agency with performance-based attributes; for example, a clear mission statement, measurable services and a performance measurement system, and known sources of funding.
As the clearinghouse for U.S. patent rights and registering trademarks, the USPTO is an important catalyst for U.S. economic growth as it plays a key role in fostering the innovation that drives job creation, investment in new technology and economic recovery. Through the prompt granting of patents and registering trademarks, the USPTO promotes the economic vitality of American business, paving the way for investment, research, scientific development, and the commercialization of new inventions. The USPTO also promotes economic vitality by ensuring that only valid patent and trademark applications are approved for granting, thus providing certainty that enhances competition in the marketplace.
The Patent organization examines patent applications to compare the scope of claimed subject matter to a large body of technological information to determine whether the claimed invention is new, useful, and non-obvious. Patent examiners also provide answers on applications appealed to the Board of Patent Appeals and Interferences (BPAI), prepare initial memoranda for interference proceedings to determine priority of invention, and prepare search reports and international preliminary examination reports for international applications filed under the Patent Cooperation Treaty (PCT). The patent process includes performing an administrative review of newly filed applications, publishing pending applications, issuing patents to successful applicants, and disseminating issued patents to the public.
The Trademark organization registers marks (trademarks, service marks, certification marks, and collective membership marks) that meet the requirements of the Trademark Act of 1946, as amended, and provides notice to the public and businesses of the trademark rights claimed in the pending applications and existing registrations of others. The core process of the Trademark organization is the examination of applications for trademark registration. As part of that process, examining attorneys make determinations of registrability under the provisions of the Trademark Act, which includes searching the electronic databases for any pending or registered marks that are confusingly similar to the mark in a subject application, preparing letters informing applicants of the attorney’s findings, approving applications to be published for opposition, and examining statements of use in applications filed under the Intent-to-Use provisions of the Trademark Act.
Domestically, the USPTO provides technical advice and information to executive branch agencies on intellectual property (IP) matters and trade-related aspects of IP rights. Internationally, the USPTO works with foreign governments to establish regulatory and enforcement mechanisms that meet international obligations relating to the protection of IP.
The performance information presented in this report is the joint effort of the Under Secretary’s Office, the Patent organization, the Trademark organization, the Office of External Affairs, and the Office of the Chief Financial Officer.
Our People
At the end of fiscal year (FY) 2010, the USPTO work force was composed of 9,507 federal employees (including 6,225 patent examiners, and 378 trademark examining attorneys).
