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An Overview of the United States Patent Office

An Overview of the United States Patent Office

The United States Patent Office serves under the United States Patents and Trademark Office Background Powers and DutiesOfficers and Employees Director
         Appointed by the President.
         Responsible for providing leadership and order within the Patent Office. 
         Responsible for the issuance of patents and trademark registration. These duties must be performed in an impartial manner.

Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office
         The Secretary of Commerce appoints the Deputy and Deputy Director of the USPTO.
         The Deputy Director shall act as the Director in the absence of the Director.
Commissioner 
         The Commissioner is appointed by the Secretary of Commerce.
         Should have management skills.
         Should have a patent and trademark professional background.
         Will serve a term of 5 years
Training of Examiners
         The USPTO shall submit a proposal to congress to train more employees to make up for those that are retiring.
Public Advisory Committees
Board of Patent Appeals and Interferences 

Board of Patent Appeals and Interferences

Board of Patent Appeals and Interferences

The Patent Office is to have a Board of Patent Appeals and Interferences. The Board of Patent Appeals is made up of the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks and the administrative patent judges. The judges must have a significant amount of legal knowledge relevant to the function of the Patent Office. Board judges are appointed by the Secretary of Commerce with input from the Patent Office Director.

Board Duties

The Board of Patent Appeals is responsible for reviewing all written appeals sent in from patent applicants and review adverse decisions made by patent examiners. The Board is to determine patent ability. 

Authority of the Secretary of Commerce

The Secretary of Commerce has the ability to give their opinion to the Director regarding the qualifications of a Board of Patent Appeals judge appointed by the Director.

Challenging an Appointment

If a judge was acting as a Patent Office officer before they were appointed a judge, that is a acceptable challenge that may be accepted to challenge whether or not that person should be a Board judge.

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