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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 December 2024 [update] , Derrick Brent is acting undersecretary and director, [ 9 ] having taken on that role upon the resignation of Kathi Vidal on December 13, 2024.
The examination is intended to measure the applicant's familiarity with USPTO procedures, ethics rules, federal statutes, and regulations. The applicant is allowed to use an electronic copy of the Manual of Patent Examining Procedure (MPEP) in the computer-based examination (and historically had access to a paper copy of the MPEP for the pencil-and-paper test), but is strictly prohibited from ...
An application for registration may be based upon "actual use" in commerce (a §1(a) registration) or upon a bona fide intent to use ("ITU") the mark in commerce (§1(b) registration). An ITU application is a placeholder. It will not be allowed to register until the applicant actually begins using the mark in interstate commerce.
An opposition proceeding is an administrative process available under the patent and trademark law of many jurisdictions which allows third parties to formally challenge the validity of a pending patent application ("pre-grant opposition"), of a granted patent ("post-grant opposition"), or of a trademark.
The Under Secretary is also obligated to conduct programs and studies regarding intellectual property, and to conduct cooperative programs with other foreign intellectual property offices. The rank of Under Secretary is a Level III position within the Executive Schedule. In January 2010, the annual rate of pay for Level III is $165,300.
A patent application is a request pending at a patent office for the grant of a patent for an invention described in the patent specification [notes 1] and a set of one or more claims stated in a formal document, including necessary official forms and related correspondence.
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