The United States Patent and Trademark Office

Congress established the United States Patent and Trademark Office to

issue patents on behalf of the Government. The Patent and Trademark

Office as a distinct bureau may be said to date from the year 1802 when

a separate official in the Department of State who became known as

“Superintendent of Patents” was placed in charge of patents. The

revision of the patent laws enacted in 1836 reorganized the Patent and

Trademark Office and designated the official in charge as Commissioner

of Patents and Trademarks. The Patent and Trademark Office remained in

the Department of State until 1849 when it was transferred to the

Department of Interior. In 1925 it was transferred to the Department of

Commerce where it is today.

The Patent and Trademark Office administers the patent laws as they

relate to the granting of patents for inventions, and performs other

duties relating to patents. It examines applications for patents to

determine if the applicants are entitled to patents under the law and

grants the patents when they are so entitled; it publishes issued

patents and various publications concerning patents, records assignments

of patents, maintains a search room for the use of the public to examine

issued patents and records, supplies copies of records and other papers,

and the like. Similar functions are performed with respect to the

registration of trademarks. The Patent and Trademark Office has no

jurisdiction over questions of infringement and the enforcement of

patents, nor over matters relating to the promotion or utilization of

patents or inventions.

The head of the Office is the Assistant Secretary of Commerce and

Commissioner of Patents and Trademarks, and his staff includes the

Deputy Assistant Secretary of Commerce and Deputy Commissioner of

Patents and Trademarks, several assistant commissioners, and other

officials. As head of the Office, the Commissioner superintends or

performs all duties respecting the granting and issuing of patents and

the registration of trademarks; exercises general supervision over the

entire work of the Patent and Trademark Office; prescribes the rules,

subject to the approval of the Secretary of Commerce, for the conduct of

proceedings in the Patent and Trademark Office, and for recognition of

attorneys and agents; decides various questions brought before him by

petition as prescribed by the rules; and performs other duties necessary

and required for the administration of the Patent and Trademark Office.

The work of examining applications for patents is divided among a number

of examining groups, each group having jurisdiction over certain

assigned fields of technology. Each group is headed by a group director

and staffed by examiners. The examiners review applications for patents

and determine whether patents can be granted. An appeal can be taken to

the Board of Patent Appeals and Interferences from their decisions

refusing to grant a patent, and a review by the Commissioner of Patents

and Trademarks may be had on other matters by petition. The examiners

also identify applications that claim the same invention and initiate

proceedings, known as interferences, to determine who was the first

inventor.

In addition to the examining groups, other offices perform various

services, such as receiving and distributing mail, receiving new

applications, handling sales of printed copies of patents, making copies

of records, inspecting drawings, and recording assignments.

At present, the Patent and Trademark Office has about 5,700 employees,

of whom about half are examiners and others with technical and legal

training. Patent applications are received at the rate of over 200,000

per year. The Patent and Trademark Office receives over five million

pieces of mail each year.

Patents and How to Get One: A Practical Handbook · 第 10 / 44 题