The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars".[5] 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]".[5][6]
The office is headed by the under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office. As of September 2025, John A. Squires is the undersecretary and director,[7] having been confirmed by the U.S. Senate as part of an en bloc vote.[8]
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.[9]
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.[5] 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.
The USPTO is headquartered at the Alexandria Campus, consisting of 4 buildings[10] 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.[11][12][13]
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.[14] The first satellite office opened in Detroit on July 13, 2012.[15][16][17][18][19] 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.[20] However, renovation and infrastructure updates continued after the sequestration, and the Silicon Valley location opened in the San Jose City Hall in 2015.[21]
In 2024, the USPTO reduced its leased space in Alexandria, pointing to its increasingly remote work force and cost savings initiatives.[22] The Alexandria campus no longer includes the Remsen and Randolph buildings, nor the Elizabeth Townhouse and West Garage. In November 2025, the U.S. General Services Administration and U.S. National Science Foundation (NSF) announced the new NSF headquarters will be located at the Randolph building that the USPTO has vacated.[23]
On October 1, 2025, the USPTO announced plans to close the Rocky Mountain Regional Outreach Office in Denver.[24]
As of September30,2009, 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.[25] 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:[25] 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.[26]
Days since preceding millionth patent filed at the USPTO
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.[83] 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.[84][85][86]
Trademark applications have grown substantially in recent years, jumping from 296,490 new applications in 2000,[87] to 345,000 new applications in 2014, to 458,103 new applications in 2018.[88] 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.[89]
2008 年以来、米国特許商標庁は 2 年ごとに全国商標博覧会を開催しており、これを「商標とその世界市場における重要性について一般の人々を啓発することを目的とした、無料の家族向けイベント」と宣伝している。[ 90 ]博覧会には、テレビ番組「ハッピーデイズ」のアンソン・ウィリアムズ[ 91 ]やバスケットボール選手のカリーム・アブドゥル=ジャバー[ 92 ]などの著名人が講演者として登場し、多数の商標保有企業が出展している。2009 年の全国商標博覧会に先立ち、米国特許商標庁は、擬人化された登録商標シンボルとして登場する、子供向けの商標マスコット T. Markey をデザインし、発表した。[ 93 ] T. Markey は、他の知的財産マスコットである Ms. Pat Pending (ロボット猫 GeaRS と共に) や Mark Trademan と共に、米国特許商標庁の Web サイトのキッズ セクションで大きく取り上げられている。[ 94 ]
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.[96] 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".[96] Any person who practices trademark law before the USPTO must be an active member in good standing of the highest court of any state.[97]
The United States allows any citizen from any country to sit for the patent bar (if he/she has the requisite technical background).[98] Only Canada has a reciprocity agreement with the United States that confers upon a patent agent similar rights.[99]
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.[100] The patent examiner cannot recommend a specific attorney or agent, but the Patent Office does post a list of those who are registered.[101]
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
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.[102]
The USPTO's free distribution service only distributes the patent documents as a set of TIFF files.[103] 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.[104] Economists have documented that, although the USPTO makes mistakes when granting patents, these mistakes might be less prominent than some might believe.[105]
Controversial patents
U.S. patent 5,443,036, "Method of exercising a cat", issued in 1995, covers having a cat chase the beam from a laser pointer. The patent has been criticized as being obvious.[106][107]
U.S. patent 6,004,596, "Sealed crustless sandwich", issued in 1999, covers the design of a sandwich with crimped edges.[106][108] All claims of the patent were canceled by the PTO upon reexamination.[109]
U.S. patent 6,025,810, "Hyper-light-speed antenna", issued in 2000 for an antenna that sends signals faster than the speed of light.[104] According to its description, "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."[110]
U.S. patent 6,368,227, "Method of swinging on a swing", issued April 9, 2002,[111][112] 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.[111] Upon reexamination all claims of the patent were canceled by the PTO.[113]
U.S. patent 6,960,975, "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.[114][115][116][117] 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.[118] 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
U.S. Trademark 77,139,082, "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.[119] The application was rejected on August 12, 2008, as descriptive and generic.[120]
U.S. Trademark 75,215,401, "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, AsuseeePC, 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' (U.S. Trademark 77,527,311 rejected October 31, 2008), MSI's 'WIND NETBOOK' (U.S. Trademark ) and Coby Electronics' 'COBY NETBOOK' (U.S. Trademark 77,590,174) rejected January 13, 2009. Psion also delivered a batch of cease-and-desist letters on December 23, 2008, relating to the genericized trademark.[121]
More U.S. utility patents have been issued in the most recent thirty years than in the first 200 years in which they were issued (1790–1990).[123]
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.
↑An act to promote the progress of the useful arts, and to repeal all acts and parts of acts heretofore made for that purpose, ch. 356, 5Stat.117 (1836)
123456"FY 2024 Agency Financial Report"(PDF). USPTO. Archived(PDF) from the original on February 5, 2025. Retrieved February 15, 2025.
↑Smith, Nathan (July 13, 2020). "The Peripatetic U. S. Patent Office: Locations 1790 to Present | Inside Adams". The Library of Congress. Retrieved January 6, 2026.
123Bohle, Shannon (February 2014). "A Four Part Series on Open Notebook Science (Part 4)". Nature.com. Archived from the original on February 19, 2014. Retrieved February 19, 2014.
↑Anders, Melissa (July 13, 2012). "Detroit beats Silicon Valley in opening first-ever patent office outside Washington, D.C." MLive.com. Archived from the original on July 19, 2012. Retrieved July 13, 2012.
↑Markowitz, Eric (March 1, 2012). "What Does a Patent Office Mean For Detroit?". Inc.com. Archived from the original on May 22, 2012. Retrieved July 10, 2012.
↑"Patent office prepares to open Detroit location". The Detroit News. Detroit, Michigan. Associated Press. July 11, 2012. Retrieved July 11, 2012.
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↑Office, Silicon Valley Regional. "Silicon Valley U.S. Patent and Trademark Office". United States Patent and Trademark Office. Archived from the original on January 8, 2015. Retrieved May 6, 2018.
↑Kehoe, William (October 3, 2023). "Shifting in Footprint and Purpose: Upcoming Changes to USPTO Office Space". IPSocietyBlog. Retrieved January 11, 2026.
↑"GSA and NSF Announce NSF Headquarters Relocation to Modern, Right-Sized, and Mission-Ready Space". U.S. General Services Administration. November 14, 2025. Retrieved January 11, 2026.
↑"USPTO announces closure of Rocky Mountain Regional Outreach Office". www.uspto.gov. October 1, 2025. Retrieved January 11, 2026.
12"USPTO Performance and Accountability Report Fiscal Year 2009"(PDF). United States Patent and Trademark Office. p.140. Archived from the original(PDF) on January 3, 2011. Retrieved January 16, 2010.
↑"Performance & Accountability Report FY 17"(PDF). USPTO. Archived(PDF) from the original on January 15, 2019. Retrieved January 14, 2019.
↑ de Rassenfosse, Gaétan; van Pottelsberghe, Bruno (2012). "特許の需要の価格弾力性について" (PDF) . Oxford Bulletin of Economics and Statistics . 74 (1): 58– 77. doi : 10.1111/j.1468-0084.2011.00638.x . S2CID 43660064 . 2017年8月9日のオリジナルからアーカイブ(PDF) 。 2021年2月16日取得。
↑de Rassenfosse, Gaétan; Jaffe, Adam (2018). "Are patent fees effective at weeding out low-quality patents?"(PDF). Journal of Economics & Management Strategy. 27 (1): 134–148. doi:10.1111/jems.12219. S2CID158435358.
↑"Anniversary of the First Patent Issued in the United States".
↑"U.S. Patent Activity Calendar Years 1790 to the Present". United States Patent and Trademark Office. December 12, 2012. Archived from the original on December 2, 2012. Retrieved December 12, 2012.
↑"United States Issues Patent Number 10,000,000". June 19, 2018. Archived from the original on June 19, 2018. Retrieved June 21, 2018.
↑@uspto (June 19, 2018). "Today, @POTUS signed patent ten..." (Tweet) – via Twitter.
↑Fung, Brian (February 14, 2024). "Only real people, not AI, can patent inventions, US government says | CNN Business". CNN. Retrieved February 15, 2024.
↑"First U.S. Patent: Traction Wheels"(pdf). ppubs.uspto.gov/. Retrieved July 14, 2024.
↑"Millionth U.S. Patent: Vehicle Tire"(pdf). ppubs.uspto.gov/. Retrieved July 17, 2024.
↑"2 Millionths U.S. Patent: Vehicle Wheel Construction"(pdf). ppubs.uspto.gov/. Retrieved July 17, 2024.
↑"3 Millionth U.S. Patent: Automatic Reading System"(pdf). ppubs.uspto.gov/. Retrieved July 17, 2024.
↑"4 Millionth U.S. Patent: Process for Recycling Asphalt-Aggregate Compositions"(pdf). ppubs.uspto.gov/. Retrieved July 17, 2024.
↑"5 Millionth U.S. Patent: Ethanol Production by Escherichia Coli Strains". ppubs.uspto.gov/.
↑"6 Millionth U.S. Patent: Extendible Method and Apparatus for Synchronizing Multiple Files on Two Different Computer Systems". ppubs.uspto.gov/.
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↑Sara Schaefer Muñoz (April 5, 2005). "Patent No. 6,004,596: Peanut Butter and Jelly Sandwich". The Wall Street Journal. Archived from the original on July 10, 2017.
↑Reexamination certificate no. US 6,004,596 C1, September 25, 2007, retrieved from USPTO Public Patent Application Information Retrieval (PAIR)Archived January 14, 2009, at the Wayback Machine, December 1, 2008 (request PAIR entry for Reexamination Control Number 90/005949 as "Application Number").
12Jeff Hecht (April 17, 2002). "Boy takes swing at US patents". New Scientist. Archived from the original on May 14, 2011.
↑Teresa Riordan (May 13, 2002). "Patents; The Patent Office faces huge backlogs, extremely technical inventions, and absurd ones". The New York Times. Archived from the original on March 16, 2017.
↑Reexamination certificate no. US 6,368,227 C1, July 1, 2003, retrieved from USPTO Public Patent Application Information Retrieval (PAIR)Archived January 14, 2009, at the Wayback Machine, August 22, 2008
↑Ball, Philip (November 10, 2005). "Antigravity craft slips past patent officers". Nature. 438 (7065): 139. Bibcode:2005Natur.438Q.139B. doi:10.1038/438139a. PMID16280998.
↑United Press International (2005). "Patent issued for anti-gravity device". Phyorg.com. Archived from the original on December 10, 2006. Retrieved November 24, 2006.
↑Brian Handwerk (November 11, 2005). "Antigravity Machine Patent Draws Physicists' Ire". National Geographic News. Archived from the original on November 14, 2006. Retrieved November 24, 2006.
↑An untraceable link was also included here as an additional reference.Archived December 4, 2005, at the Wayback Machine
↑Ramon M Barrera (examiner) (June 7, 2005). "Notice of Allowance and Fees Due (PTOL-85)"(PDF). 11/079,670 Space Vehicle Propelled by the Pressure of Inflationary Vacuum State. United States Patent and Trademark Office. p.2. Archived(PDF) from the original on February 1, 2016. Retrieved September 5, 2014.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."
↑Shah, Agam. "Dell Tries to Trademark 'cloud Computing'". cio.com. Archived from the original on April 16, 2014. Retrieved May 6, 2018.
↑"Dell Cloud Computing Trademark Rejected". eweek.com. August 19, 2008. Retrieved May 6, 2018.
↑"A netbook by any other name, or how Psion is going discover you have to use it or lose it". Archived from the original on February 5, 2009.
↑U.S. Patent Activity 1790 to the Present, USPTO, archived from the original on December 2, 2012.
↑"U.S. Patent Activity / Calendar Years 1790 to the Present". U.S. Patent and Trademark Office (PTO). 2021. Archived from the original on April 29, 2023.● Data source for recent years: Patent Office basic search. Example: search for "20241231".pd. and then for "20251230".pd. (the last Tuesdays of each year). Click the "Search" button, sort resulting lists by patent number, and scroll to find highest utility patent numbers for these two dates. Subtract last year's value from this year's value to determine number of patents issued during the intervening year.
↑"Accelerated Examination". USPTO. Archived from the original on September 16, 2009. Retrieved May 6, 2018.
↑USPTO grants first patent under accelerated review optionArchived April 28, 2007, at the Wayback Machine Press Release
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↑ Fucito, Paul (2018年2月8日). 「Andrei Iancu氏が米国特許商標庁の新長官に就任」 . 米国特許商標庁. 2018年2月10日のオリジナルよりアーカイブ。 2018年2月16日取得。