United States Patent Office

MISSION

The mission of the PTO is to promote "industrial and technological progress in the United States and strengthen 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; and

providing advice on the trade-related aspects of Intellectual Property .

FEE DIVERSION

Each year, Congress "diverts" about 10% of the fees that the USPTO has collected into the general treasury of the United States. In effect, this takes monies collected from the patent system to use for the general budget. This fee diversion is generally opposed by patent practitioners (e.g Patent Attorney s and Patent Agent s), Inventor s, and the USPTO [http://www.uspto.gov/web/offices/com/speeches/04-03.htm]. These stakeholders would rather use the funds to improve the patent office and patent system, such as by implementing the USPTO's 21st Century Strategic Plan [http://www.uspto.gov/web/offices/com/strat21/].

PATENTS

Each year, the PTO issues Thousands Of Patents to companies and individuals all around the world. As of March 2006 , the PTO has issued over seven million patents.

The X-Patent s (the first 10,000 issued between 1790 and 1836 ) were destroyed by a fire; less than 3,000 of those have been recovered and re-issued with numbers ending in "X" to distinguish them from those issued after the fire.

On July 31, 1790 , the USPTO awarded its first Patent to Samuel Hopkins for an improvement "in the making Pot Ash and Pearl Ash by a new Apparatus and Process." This patent was signed by then president George Washington

REPRESENTATION

Patent attorney, agent registration

The PTO only allows certain qualified persons to practice before the PTO, which includes the filing of patent applications on behalf of inventors, the prosecuting patent applications on behalf of inventors, and participating in administrative appeals and other proceedings before the PTO examiners and boards. The PTO sets its own standards for who may practice and requires that any person who practices become registered. An USPTO-registered non-attorney professional is called a Patent Agent and an USPTO-registered attorney is called a Patent Attorney .

In order to become registered to practice before the USTO, an applicant must demonstrate to the USPTO's satisfaction certain scientific and technical competencies and then pass a difficult USPTO-administered patent bar exam called the USPTO Registration Examination . This bar exam covers the voluminous regulations and procedures that govern USPTO practice. The registration process is managed by the USPTO's Office of Enrollment & Discipline (OED). {Link without Title}

Filing a patent yourself

An individual inventor may file and prosecute a patent application by themselves. This is called filing a patent Pro Se . The inventor does not need to be represented by a registered Patent Attorney or Patent Agent . If it appears to a patent examiner, however, that an inventor filing a pro se application is not familiar with the proper procedures of the patent office, then the examiner may suggest that it is desirable for the inventor to obtain representation by a licensed patent attorney or agent (see '' Manual Of Patent Examining Procedure '', Chapter 400 ).

The patent examiner cannot recommend a patent attorney or agent, but the patent office does post a list of registered attorneys or agents .

It is not uncommon for individual inventors to file their own patents to potentially save thousands of dollars in agent/attorneys fees. Legal fees for the preparation and filing of a US patent application can run more than US$20k.

There are many self-help books in publication explaining how to file your own Patent , such as Patent It Yourself . The US patent office also has a free help line called the " Inventors Assistance Center " where retired patent examiners will provide advice to members of the public on how to follow the procedures and rules of the patent office.

ELECTRONIC FILING SYSTEM

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United States Patent Office