Our Business: An Introduction

Our Business: An Introduction to the PTO

For over 200 years, the basic role of the Patent and Trademark Office (PTO) has remained the same: to promote the progress of science and the useful arts by securing for limited times to inventors the exclusive right to their respective discoveries (Article 1, Section 8 of the United States Constitution). Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans.

The PTO is a non-commercial federal entity and one of 14 bureaus in the Department of Commerce (DOC). The office occupies a combined total of over 1,400,000 square feet, in numerous buildings in Arlington, Virginia. The office employs over 5,000 full time equivalent (FTE) staff to support its major functions--- the examination and issuance of patents and the examination and registration of trademarks.

The PTO has evolved into a unique government agency. Since 1991-- under the Omnibus Budget Reconciliation Act (OBRA) of 1990-- the PTO has operated in much the same way as a private business, providing valued products and services to our customers in exchange for fees which are used to fully fund our operations. The primary services we provide include processing patents and trademarks and disseminating patent and trademark information.

Through the issuance of patents, we encourage technological advancement by providing incentives to invent, invest in, and disclose new technology worldwide. Through the registration of trademarks, we assist businesses in protecting their investments, promoting goods and services, and safeguarding consumers against confusion and deception in the marketplace. By disseminating both patent and trademark information, we promote an understanding of intellectual property protection and facilitate the developments and sharing of new technologies world wide.

PTO programs are conducted under the following principal statutory authorities:

15 U.S.C. 1051-1127 contains provisions of the Trademark Act of 1946 that govern the administration of the trademark registration system of the Patent and trademark Office.

15 U.S.C. 1511 states that the Patent and Trademark Office is under the jurisdiction and supervision of the Department of Commerce.

35 U.S.C. contains basic authorities for administration of patent laws, derived from the Act of July 19, 1952, and subsequent enactment. Revenues from fees are available, to the extent provided for in appropriations acts, to the Commissioner to carry out the activities of the Office. The Patent and Trademark Office is authorized to charge international fees for activities undertaken pursuant to the Patent Cooperation Treaty. Deployment of automated search systems of the Office to the public is authorized.

44 U.S.C. 1337-1338 contains authority to print patents, trademarks, and other matters relating to the business of the Office.

The PTO Mission
The PTO promotes industrial and technological progress in the United States and strengthens the national economy by:

Administering the laws relating to patents and trademarks.

Advising the Secretary of Commerce, the President of the United States, and the administration on patent, trademark, and copyright protection.

Advising the Secretary of Commerce, the President of the United States, and the Administration on the trade-related aspects of intellectual property.