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The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
1982: Public Law 97-247 – Establishes the patent small entity discount for all fees set by Congress and the Trademark "fence" (Trademark user fees may be used only on trademark related operations). 1990: Public Law 101-508 – A 69% surcharge is applied to all patent statutory fees. The agency becomes fully-fee funded.
If the United States Patent and Trademark Office (USPTO) fails to examine a patent application in time (deadlines for various steps are different), the patent term may be extended. [7] Extensions or other delay taken by the applicant can reduce or eliminate the extension. [7] This extension is known as a patent term adjustment (PTA).
In tandem, the Under Secretary is also the Director of the United States Patent and Trademark Office within the Commerce Department, filling dual roles. [1] The Under Secretary is appointed by the President of the United States, with the consent of the United States Senate, to serve at the pleasure of the President.
If an infringer is found to have deliberately infringed a patent (i.e., "willful" infringement), then "enhanced" damages can be awarded of up to three times the damages found or assessed. Legal fees can also be assessed, under 35 U.S.C. § 285, if the case is deemed "exceptional." Willfulness is determined from "the knowledge of the actor at ...
13 C.F.R. § 121.108(e). Moreover, all claims of a patent issued following an intentional misrepresentation of small entity status may be held to be unenforceable as the result of inequitable conduct, i.e., fraud upon the United States Patent and Trademark Office. See MPEP § 2016; 37 C.F.R. § 1.27(h). As long as any small-entity assertions ...
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