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Patent examiners at the United States Patent and Trademark Office (USPTO) examine patent applications for claims of new inventions. Examiners make determinations of patentability based on policies and guidance from this agency, in compliance with federal laws (Title 35 of the United States Code), rules, judicial precedents, and guidance from agency administrators.
A trademark examiner is an attorney employed by a government entity such as the United States Patent and Trademark Office (USPTO) to determine whether an applicant should be permitted to receive a trademark registration, thus affording legal protection to the applicant's trademark. [1]
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.
David Kappos (right) being sworn in as Under Secretary of Commerce for Intellectual Property and USPTO Director, by Secretary of Commerce Gary Locke, as Kappos's wife, Leslie, holds the bible, August 13, 2009. Kathi Vidal currently serves as Under Secretary of Commerce for Intellectual Property, assuming the role in 2022.
The TTAB decides ex parte appeals from decisions by USPTO Examiners denying registration of marks, and inter partes proceedings challenging the registration of marks. Decisions of the TTAB may be appealed to a United States district court , or to the United States Court of Appeals for the Federal Circuit .
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 ...
The involvement of the public in patent examination is used in some forms to help identifying relevant prior art and, more generally, to help assessing whether patent applications and inventions meet the requirements of patent law, such as novelty, inventive step or non-obviousness, and sufficiency of disclosure.
The USPTO pilot, officially announced in the USPTO's Official Gazette of 26 June 2007, [14] was initially restricted to patent applications from Technology Center 2100 (Computer Architecture, Software and Information Security) that are voluntarily submitted to the project by the owner/assignee. The extended pilot has expanded to include so ...
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