Patent and Trademark Office

• Author: Jeffrey Lehman, Shirelle Phelps

Page 387

The U.S. Patent and Trademark Office (PTO) is a federal agency that grants PATENTS and registers TRADEMARKS to qualified applicants. A division of the COMMERCE DEPARTMENT, the PTO was named the Patent Office when it was established by Congress in 1836. In 1975 it was renamed the Patent and Trademark Office to reflect its dual function. The PTO is now organized pursuant to 35 U.S.C.A. § 1 et seq.

Under the direction of the secretary of commerce, the PTO is run by the commissioner of patents and trademarks, a deputy commissioner, several assistant commissioners, and a support staff of more than 1,000 employees. The primary job of the commissioners is to review the merits of patent and trademark applications. Patents are typically issued upon a showing that a particular applicant has discovered or developed a new and useful process, machine, article of manufacture, chemical composition, or other invention. Trademark protection is typically afforded to applicants who are seeking to identify their commercial goods by means of a distinctive word, name, symbol, or other device.

Trademark applications must be submitted with a drawing of the proposed mark; patent applications must be accompanied by a detailed description of the invention. A filing fee is also required for...