A Brief History Of The US Patent and Trademark Office

By Business Editor

The USPTO or United States Patent and Trademark Office is the agency that controls trademarks and patents registered in the United States ...

You might have heard a couple of times the words patent and trademark. You may have a vague idea of its relation to commercial products and to your favorite icon, but may not have fully grasped what it really is and who has the authority to grant trademarks and patents. You may also have a fuzzy idea that it somehow protects products from piracy problems and helps distinguish forged products from real ones. Hopefully the rest of this article will help you clarify the differences and understand the concepts better.

A patent is a group of limited rights given by the state to the patentee or inventor for a certain period of time in exchange for the controlled public exposure of information about the invention, or composition of a substance, which can be very useful to an industry or commercially popular. The grant will be exclusive only to the patentee. This thwarts attempts from other individuals from legally manufacturing and or selling off the patented product.

Trademark, on the other hand, is any unique symbol or logo which can be utilized by an individual or organization to promote their merchandise and services to consumers. Trademark can consist of logos, symbols, design, icons, word, phrase, name or an amalgamation of these elements.

The USPTO or United States Patent and Trademark Office is the agency that controls trademarks and patents registered in the United States.

The United States Patent and Trademark Office is a U.S. Department of Commerce organization. The USPTO basically endow patents to register trademarks and protect inventions. This organization provides service for the interests of commerce and inventors as well as their business products, inventions, and their service identifications. It also serves various government agencies when it comes to issues concerning domestic and international aspects of intellectual properties. The USPTO upholds the development of the country's technology and industry and  helps to fortify the economy.

The USPTO was created by the United States Congress mainly for the purpose of granting patents for the benefit of the government. Back in the year 1802, the Patent Office was a separate agency of the Department of State. An official of the office then was called Superintendent of Patents. The Patent office was eventually restructured after the amendment of patent laws in the year 1836, and the officer in charge became known as Commissioner of Patents.

The office stayed on the wings of the Department of State until it was reassigned to the Department of Interior in 1849. Then it was relocated to the Department of Commerce in 1925 up to the present day.

The name Patent Office itself underwent various forms of evolution. In 1975, its name was altered into Patent and Trademark Office. It was then changed again in the year 2000 into the United States Patent and Trademark Office, which still remains as of the present day.

The Under Secretary of Commerce for Intellectual Property is the chief and director of the USPTO. As the chief of the said agency, the Director is in charge in the supervision of tasks in relation to the issuing and granting of patents. The Director also supervises the listing of trademarks and sets down policies and regulations, which are subject to the authorization of the Secretary of Commerce, for the performance of the proceedings of the Office. The Under secretary also tackles a variety of issues carried out before the Office by appeal as imposed by the policies and regulations. The USPTO chief has other duties that are required for the Office's administration.

Although the chief of the USPTO may have huge responsibilities on his or her shoulders, the workload of probing applications for patents are shared by several examining technology centers or TC.

Each examining technology center has their own control over the fields assigned to their center. The TC is led by an assemblage of directors, examiners, and support staff. The examiners study the application for patents and decide if a patent can be granted. These same examiners also make out applications that may claim identical inventions and may well start proceedings to settle on which inventor came with the invention first. The TC may or may not grant a patent but an appeal can be brought to the Board of Patent Appeals. The Director of the USPTO may review the case and he or she may have the final say about the matter.

You have something original in mind? Have the USPTO patent it and have them recognize your trademark.

For more details and information on trademarks, patents and protecting your intellectual property, you should either consult a trademark or patent attorney, visit the website of the U.S. Patents Office, or for a good reference book, see Michael A. Lechter's "Protecting Your #1 Asset - An Intellectual Property Handbook".

Next article: A Trademark Can Be Your Most Valuable Property

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