Guest blog by Andrew Faile, Acting Commissioner for Patents A core focus of our work at the USPTO is to foster innovation, competition, and economic growth, by providing opportunities for all current and aspiring inventors and entrepreneurs to participate in the intellectual property (IP) system. The cost of filing an application for a patent or trademark should not hinder individual inventors and small businesses from obtaining these key IP protections. That is why we offer a 50% and 75% reduction on most patent application fees to independent inventors and small businesses that qualify as small and micro entities.A small entity is generally defined as a business which, including affiliates, has fewer than 500 employees, a qualifying nonprofit organization, or an individual who has not assigned, licensed or otherwise conveyed or promised to convey an interest in the invention to a View full story...

Guest Blog by Scott Boalick, Chief Judge of the Patent Trial and Appeal BoardAre you interested in launching your career as an intellectual property (IP) practitioner by clerking for an administrative patent judge on the USPTO’s Patent Trial and Appeal Board (PTAB)? The PTAB is currently hiring for one-year clerkships to start in the fall of 2022. Check out our posting on the USAJobs website, which closes September 10, and read on to learn more about the role.The PTAB serves two important functions in the intellectual property system. First, the PTAB reviews the work of patent examiners in ex parte appeals and determines whether an examiner’s rejection of a patent application should be sustained. Additionally, the PTAB adjudicates the patentability of issued patents in America Invents Act (AIA) trial proceedings, which serve as a cheaper, faster alternative to district court litigation. View full story...

Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and David Gooder, Commissioner for Trademarks at the USPTOBusinesses at home and abroad are becoming more and more aware of the value and benefits of a U.S. trademark registration. Unfortunately, along with the historic surge of new trademark filings over the past year (see our blog on the surge), the USPTO has also seen an increase in suspicious submissions ranging from inaccurate to fraudulent. The Department of Commerce’s Office of Inspector General, after analyzing a snapshot of data (applications filed between October 2, 2019 and April 30, 2020), found that we need to enhance controls aimed at combatting this increase in suspicious filings. We agree, and have been actively enhancing our register protection efforts to meet this challenge View full story...

Guest blog by David Gooder, Commissioner for Trademarks Exterior shot of the Madison Building and Dulany Gardens at the United States Patent and Trademark Office (USPTO). Photo by Jay Premack/USPTO.Imagine you are a trademark applicant who receives a notice in the mail from an agency claiming to be the USPTO, with an almost identical logo, informing you that the USPTO will deny or cancel your registration unless you pay a required fee. Or if a business appearing to be affiliated with the USPTO solicits fees to help file your application and perform other registration services for you at a price that seems too good to be true. You pay the fees, assuming the businesses and promised services are legitimate, only to never hear from them again.These types of misleading solicitations and trademark filing scams are a growing problem, especially as we are seeing more sophisticated enterprises View full story...

Guest Blog by Scott Boalick, Chief Judge for the Patent Trial and Appeal BoardThe United States Patent and Trademark Office (USPTO) has two programs to expedite our turnaround time for ex parte appeals. By speeding up patentability determinations on new inventions, we aim to quicken the pace at which products or services embodied in these inventions reach the marketplace, spurring follow-on innovation, economic growth, and job creation.Last year, the USPTO launched the first-ever, one-year “Fast-Track Appeals Pilot Program” to offer patent appellants a way to secure expedited resolution of any ex parte appeal. We just extended the pilot program to run for another one-year period through July 2, 2022. On April 15, 2021, we also launched a specialized Fast-Track Appeals Pilot Program just for COVID-19 related inventions.To advance an appeal under the regular Fast-Track Appeals Pilot, an View full story...

Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTOPhoto courtesy of the National Inventors Hall of Fame Lanham Documentary.It was 75 years ago that President Harry S. Truman signed Rep. Fritz Lanham’s Trademark Act into law. This landmark legislation made possible today’s system of trademark registration and protection, but it took almost a decade of debate in Congress with countless hearings on the need to replace earlier, outdated statutes and the patchwork of trademark systems in each of the states. Today, the U.S. economy is the beneficiary of those efforts and this masterful law that has stood the test of time, transforming the U.S. economy through the growth of national and global brands. Fritz G. Lanham, Texas. Photo courtesy of the Library of Congress. Today, when you read the Lanham View full story...

A blog about the USPTO by the U.S. Department of CommerceUSPTO’s Drew Hirshfeld presents Deputy Secretary of Commerce Don Graves with a copy of his ancestor’s patent. (Photo by Jay Premack/USPTO)On July 1, U.S. Deputy Secretary of Commerce Don Graves visited the USPTO headquarters in Alexandria, Virginia. During his visit, he toured the National Inventors Hall of Fame museum, experienced a “day in the life” of a patent examiner and a trademark examining attorney, and met with leadership about the USPTO’s role in advancing American competitiveness. He later received a surprise framed copy of his ancestor’s patent, who was one of the Nation’s first Black patent holders. The National Inventors Hall of Fame® (NIHF) museum, located at USPTO headquarters, tells the story of American innovation and showcases famous inventors including Thomas Edison, the Wright Brothers and George Washington View full story...

Guest blog by David Gooder, Commissioner for TrademarksSince last fall, trademark applications from U.S. and foreign applicants have surged to unprecedented levels. As of June 17, the increase is roughly 63% over last year, which translates to about 211,000 more applications. And in December 2020 alone, the USPTO received 92,608 trademark applications, an increase of 172% over December 2019. This surge has doubled the number of applications waiting to be examined and increased waiting times at various stages in our processes. As a result, applicants may have to wait longer for initial processing of their application, receiving an office action, processing of responses to office actions, and reviewing of post-registration filings. For updated information and current processing times, please visit the Trademarks Dashboard page of the USPTO website. We are continuing to explore the reasons View full story...

Guest blog by Molly Kocialski, Director of the Rocky Mountain Regional U.S. Patent and Trademark Office, and Damian Porcari, Director of the Elijah J. McCoy Midwest Regional U.S. Patent and Trademark Office The USPTO IP attachés posted to China, Belgium, Mexico, Switzerland, India, and Thailand shown here, along with their colleagues in seven other posts around the world, work to support the interests of U.S. IP rights holders.During the past several months, we were pleased to welcome the USPTO’s intellectual property (IP) attachés to a series of virtual events in our respective regions covering the Midwest and the Rocky Mountain states.Who are the IP attachés? They are U.S. diplomats with expertise in intellectual property. Their prior experience includes work in government, industry, major trade associations, and some of the best law firms in the country. They are currently assigned to View full story...

Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTOThe design for the National Medal of Technology and Innovation is the work of medalist and sculptor Mico Kaufman of North Tewksbury, Massachusetts. (Photo by Jay Premack/USPTO)From the personal computer to satellite technology, the last few decades of technological innovation have dramatically changed the way we live our lives. Those changes would not have been possible without the amazing inventors behind them – women and men who inspire us all with their spirit of ingenuity and perseverance. That’s why we are immensely proud to administer the National Medal of Technology and Innovation (NMTI), our nation’s highest honor in technological achievement, which recognizes these often unsung heroes.Awarded by the President of the United States, the View full story...

Guest blog by Acting Commissioner for Patents Andrew Faile and Chief Information Officer Jamie HolcombeAt the USPTO, we are continuously working to modernize and streamline our patent application systems. As part of that ongoing effort, you can now file patent application-related documents in DOCX format through EFS-Web, Private PAIR, and Patent Center. To improve application quality and efficiency, the USPTO will be transitioning to DOCX for all filers on January 1, 2022. Keep reading to learn more about DOCX, its benefits, and opportunities to provide feedback on implementation.DOCX is a word-processing file format supported by many popular applications, such as Microsoft Word, Google Docs, and LibreOffice. As an open standard format, DOCX offers a safe and stable basis for authoring and processing intellectual property documents.Filing in DOCX provides you with many benefits in the View full story...

Guest blog post by Hannah Wang, Primary Patent Examiner, U.S. Patent and Trademark Office (USPTO)Hannah Wang, Primary Patent Examiner, USPTOAs a primary patent examiner at the Commerce Department's United States Patent and Trademark Office (USPTO), I handle patent applications in the area of computer networking. In addition, I have the privilege of currently serving as president of the Asian Pacific American Network (APANET), one of the largest affinity groups across the federal government. I also recently became a co-host of our workgroup’s Quality Enhancement Meetings (QEM). These QEMs provide patent examiners with the opportunity to learn about various topics and bring up any questions related to patent examining.During my undergraduate studies in China, I pursued a major in Electrical Engineering, focusing on circuits and signal processing. In 2007, I moved to the United States to View full story...

Guest blog by David Gooder, Commissioner for Trademarks at the USPTOSustaining and promoting a healthy, vibrant trademark system is at the core of what we strive to do at the USPTO. That is why we welcomed the passage and signing of the Trademark Modernization Act (TMA) this past December. The TMA includes key provisions that will give the USPTO and trademark owners additional tools to better protect and strengthen the integrity of the federal trademark register.To help drive U.S. innovation, in 1946, Congress passed the United States Trademark Act, widely known as the Lanham Act. This federal statute sets out procedures for the registration of trademarks. Trademark owners may apply for a U.S. registration if they are either using the mark at the time of filing or have intent to use the mark in commerce. However, actual use of the trademark in commerce is required to obtain and maintain View full story...

A blog about the USPTO from the U.S. Department of Commerce.The USPTO hosted the final installment of the 2021 Women’s Entrepreneurship Symposium (WES) on March 31, where participants heard from a diverse panel of successful women innovators who shared their stories of entrepreneurship and the challenges they faced along the way.WES, an annual event launched in 2011, has proven to be one of the USPTO’s most popular programs to date. Over 6,000 attendees tuned in this year to hear lessons learned, helpful tips, and resources for women entrepreneurs to protect the various forms of intellectual property (IP) which might be present in their businesses - namely patents, trademarks, copyrights, and trade secrets. The speakers at the March 31 session described how they got to where they are, and what they recommend for all the aspiring young women in our country. They also addressed the vital View full story...

Guest blog post by Valencia Martin-Wallace, Deputy Commissioner for Patents, USPTOValencia Martin-Wallace, Deputy Commissioner for Patents, USPTO (Photo by Jay Premack/USPTO)As the Deputy Commissioner for Patents at the USPTO, I am responsible for leading the organization’s international patent cooperation programs and initiatives. I also have oversight of the technology centers responsible for examining patent applications in the fields of telecommunications, mechanical technologies, and design.I graduated with a B.S. in electrical engineering from Howard University, where I learned alongside a wonderful group of students from diverse backgrounds. After flexing my engineering muscle for three years, I decided to pursue intellectual property (IP) law at George Washington University School of Law. At about the same time, I began my career at the USPTO as a patent examiner. After View full story...

Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTOAmong the most important technological developments has been the advent of artificial intelligence (AI), a transformative technology that promises tremendous societal and economic benefits. USPTO operations can be one of its beneficiaries. The integration of AI technologies into next generation tools offers an exciting opportunity to enhance the quality and efficiency of patent and trademark examination.To incorporate AI into our examination tools and processes at the USPTO, we’ve undertaken a comprehensive development strategy including extensive market research and rigorous testing of a wide range of proof-of-concepts to identify the best solutions. Our objective is not just to deploy smarter technology, but to build a smarter organization by View full story...

Editor's note: This is a blog about the USPTO from the U.S. Department of Commerce.Most Americans have likely heard of Thomas Edison, Albert Einstein, or Alexander Graham Bell. But what about Harriet Strong, Frances Arnold, and Juliette Gordon Low? These and so many more women inventors and scientists have made lasting contributions to our nation’s history. They have inspired future generations of innovators to change the world with their ideas.In honor of Women’s History Month, as part of its mission to protect and promote the ingenuity of American inventors and entrepreneurs, the Department of Commerce’s U.S. Patent and Trademark Office (USPTO) is sharing the stories of notable women innovators, past and present. A few of these stories are highlighted below, but we encourage you to take a moment to learn more about these incredible women through the USPTO’s popular Journeys of View full story...

Blog by Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Mary Critharis, Chief Policy Officer and Director of International Affairs of the USPTOIndustrial design has been an essential aspect of developing new products since the beginning of the industrial revolution in the 18th century. This focus on making a product more appealing and intuitive to the user by improving its appearance, function, and manufacturing has driven designers for centuries and touches our everyday lives––from making a toothbrush fit more easily in one’s hand, to creating automobile dashboards that are easier to comprehend.Today industrial design helps turn complex technologies into products that can be used by billions of people, surmounting massive differences in language and culture. But with industrial design’s View full story...

Guest blog post by LaRita Jones, Division Chief, Office of Human Resources, USPTOLaRita Jones, Division Chief, Office of Human Resources, USPTOBlack History Month is a time to honor and show gratitude to African Americans who have made contributions – whether extraordinary or minute, well-known or untold – to better humanity in some way. It is a time to express pride as we reflect on a heritage full of triumph over the harshest of adversities and celebrate innovations we have made in the arts, science, and technology and our achievements in politics and business. It is a time to remember the Black heroes of the past while uplifting our heroes of today.A personal hero of mine is my father, Carl Ross. He was a career Army soldier who served two tours in Vietnam and retired as a master sergeant. He performed his duty with the highest work ethic and took so much pride in defending his View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTODirector Iancu at the quarterly meeting of the Patent Public Advisory Committee at the USPTO in Alexandria, Virginia on August 2, 2018. (Photo by Jeff Isaacs/USPTO)At the outset of my tenure as Director of the USPTO in early 2018, I challenged the USPTO staff and stakeholders to focus on reclaiming our nation’s leadership on intellectual property, first by creating a new, pro-innovation, pro-IP dialogue and, second, by balancing our IP systems and increasing the reliability of the rights we issue.Working together for the past three years, we did exactly that—and so much more. The list below summarizes a number of our accomplishments, but let me highlight a few. We issued new guidance to our examiners on patent subject matter eligibility in 2019. The USPTO’s Chief Economist confirmed in a View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO On September 14, the National Council for Expanding American Innovation had its inaugural meeting, virtually of course. The National Council includes respected leaders in the private and public sectors who are committed to fostering a more inclusive innovation ecosystem. The National Council is charged with helping develop a National Strategy to expand American innovation by tapping into the strength of our nation’s diversity, and increasing innovation opportunities for all Americans. I encourage you to learn more about the initiative by reading the excellent remarks made by the council members or by watching the recording of the event.The National Council was born out of a report we transmitted to Congress in 2019 in response to the Study of Underrepresented Classes Chasing Engineering View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO“Hope smiles from the threshold of the year to come, whispering ‘it will be happier’.”― Alfred Lord TennysonThe end of a year is always a time for reflection on what we’ve accomplished and where we want to go. In 2020, the world faced a pandemic unlike anything we have seen in a century. Yet, as they always do during difficult times, inventors and entrepreneurs rose to the challenge. Consider, for example, the multiple COVID-19 vaccines that were developed in less than a year, but are based on decades of research and countless inventions in dozens of scientific and technology disciplines. The importance of our nation’s consistent support of such creativity over time is more evident now than ever. As one COVID-19 vaccine manufacturer noted in its press release: “Intellectual property View full story...

First Action Interview Pilot Program to end on January 15, 2021Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Drew Hirshfeld, Commissioner for PatentsVirtual interview between a patent attorney and a patent examinerWhether initiated by the applicant or the examiner, interviews during patent prosecution provide an opportunity for the participants to discuss the merits of an application and gain insights that are sometimes not apparent through written exchanges. Examiners are available for telephonic or video interviews, with video interviews gaining in popularity. The USPTO’s improved information technology infrastructure is now permitting high-quality virtual interactions that far exceed past experiences. Interviews can lead to a better understanding of an applicant’s invention, bridge gaps between the examiner and applicant, View full story...

Guest blog by Jay Hoffman, Chief Financial Officer of the USPTOThe USPTO’s Performance and Accountability Report (PAR) for fiscal year (FY) 2020 is now online and available to members of the public. The PAR serves as the USPTO’s annual report, similar to what private sector companies prepare for their shareholders. Each year, the USPTO publishes this report to update the public on our performance and financial health. With the added challenges of the COVID-19 pandemic, the PAR highlights some of our most notable successes during this historic year.The PAR also charts the agency’s progress toward meeting the goals outlined in our 2018-2022 Strategic Plan: optimizing patent quality and timeliness; optimizing trademark quality and timeliness; and providing domestic and global leadership to improve intellectual property (IP) policy, enforcement, and protection worldwide. These goals govern View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO and Drew Hirshfeld, Commissioner for Patents of the USPTOPatent examination, though inherently complex, is in large part a fact-finding mission with the goal of providing predictable and reliable intellectual property rights. The prior art search is the foundation for achieving this mission. Our patent examiners’ ability to find the best prior art at the earliest possible time ensures both quality and timeliness, two primary goals of the USPTO’s Strategic Plan. Indeed, the best and most appropriate time to ensure patent quality is during the examination process, before issuance. This is why we have worked tirelessly to improve the search capabilities of our examiners so they can more readily identify patentable subject matter and the appropriate scope of patent rights.As technology View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge of the Patent Trial and Appeal Board of the USPTOOn March 15, 2019, the USPTO implemented a pilot program for motions to amend (MTAs) in AIA trials before the PTAB. In MTAs, patent owners may request to cancel challenged claims or propose substitute claims to replace challenged claims if they are found unpatentable. We have seen promising results for claim amendments made under this pilot program and want to share these with you.Under the pilot program, a patent owner has two new options. First, the patent owner can request preliminary guidance from the Board on its MTA. Second, the patent owner may file a revised MTA in response to preliminary guidance (if requested) or to the petitioner’s opposition. In short, by providing for guidance and an opportunity View full story...

Guest blog by David Gooder, Commissioner for Trademarks, U.S. Patent and Trademark Office At the United States Patent and Trademark Office (USPTO), our fundamental mission is to provide stable, reliable, and predictable intellectual property (IP) rights for those who receive a patent or a trademark registration. Over the years, the USPTO has developed systems to protect trademark owners and innovators from fraud, theft, and abuse from those intent on stealing their proprietary ideas, their designs, their brand identities, and their livelihoods.One disturbing trend lately is the rise of fraudulent solicitations from so-called IP “experts” offering their services to assist owners of trademark applications and registrations at the USPTO. These solicitations often mislead owners into believing they are from the USPTO. Yet, the spurious offerings are either never performed or are botched, View full story...

Blog by Laura Peter, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTORecently, I spoke with Hope Shimabuku, USPTO’s Texas Regional Director in Dallas, about the five year anniversary of the Texas Regional U.S. Patent and Trademark Office (TXRO), innovation in the region, and her passion for championing the pursuit of STEM fields.LP: Congratulations on the fifth anniversary of the Texas Regional Office! For those not familiar with the office, please tell us which states are in your region and what resources you provide to the public?HS: Thanks Deputy Director Peter! I am happy to be celebrating this landmark event for the TXRO.The region covered by the TXRO includes eight states: Arkansas, Alabama, Louisiana, Mississippi, New Mexico, Oklahoma, Tennessee, and of course Texas. Throughout the region, we provide a number of resources both at the View full story...

Guest blog by Commissioner for Patents Drew Hirshfeld The 2021 National Patent Application Drafting Competition has kicked off! The competition, which began as a regional competition led by our Elijah J. McCoy Midwest Regional Office in Detroit in 2014, has expanded into a nationwide competition, with participation from law school teams from across the country and all of our USPTO regional offices. The competition challenges the teams on the fundamentals of patent prosecution, including by drafting a patent application and arguing its patentability. It consists of two rounds: a preliminary regional round where teams compete and the National Finals where the winners of the regional competitions compete against each other at an event hosted at USPTO headquarters. Team registrations are being accepted until November 7, 2020, and regional and final rounds will take place virtually in Spring View full story...

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, and Scott Boalick, Chief Judge of the Patent Trial and Appeal BoardPractitioners in the Legal Experience and Advancement Program participate in a mock argument practicum on August 7, 2020.In May 2020, the USPTO launched the Patent Trial and Appeal Board’s (PTAB) Legal Experience and Advancement Program (LEAP). LEAP was established to help develop the next generation of patent practitioners by creating opportunities to gain oral argument experience before the Board. To qualify for LEAP, a patent agent or attorney must have three or fewer substantive oral arguments in any federal tribunal, including the PTAB, and seven or fewer years of experience as a licensed attorney or agent. The USPTO recognizes that oral argument opportunities before tribunals are limited and that gaining courtroom View full story...