United States Patent and Trademark Office (USPTO)

By Lia Kopin-Green
September 22, 2022

What is the United States Patent and Trademark Office?

The United States Patent and Trademark Office (USPTO) is a government agency in the US Department of Commerce that is responsible for granting US patents and registering trademarks.

Key Takeaways

  • The USPTO, which is part of the US Department of Commerce, is the government agency responsible for granting US patents and registering trademarks. 
  • The goal of the agency is to strengthen the economy and promote innovation by protecting the intellectual property rights of inventors, businesses, and consumers.
  • The Patent Trial and Appeal Board (PTAB), an adjudicatory body of the USPTO, hear certain cases concerning intellectual property.

USPTO Responsibilities 

The USPTO has a number of important functions that serve the interests of trademark and patent applicants and owners in the US. A few of the most common responsibilities of the USPTO include:

  • Examining patent applications and determining if the patent will be granted according to federal law
  • Issuing patents and trademarks
  • Publishing issued patents
  • Recording and maintaining assignments of patents and trademarks
  • Answering general questions about the patent and trademark application process
  • Solving various legal disputes through the Patent Trial and Appeal Board (PTAB)
  • Advising the President of the US and the Secretary of Commerce in matters involving intellectual property

It is important to keep in mind, however, that the USPTO has published several limitations to its duties. The USPTO does not:

  • Provide any legal advice
  • Decide whether you have the right to use (not register) a trademark
  • Conduct trademark searches on behalf of the public
  • Disclose information about the validity of registered marks
  • Enforce intellectual property rights or bring legal action in the case of infringement

Filing a Patent with the USPTO

If you are seeking federal protection for your patent, it is time to file an application with the USPTO. Identifying whether your invention is patentable is crucial before spending unnecessary time and effort on the process. An experienced intellectual property lawyer should be able to provide expert legal advice regarding the patentability of your invention. Next, it is highly advised to conduct a thorough prior art patent search. Upon completing this, you can prepare the application for your patent through the USPTO website. 

Registering a Trademark with the USPTO

Registration with the USPTO is a necessary step in order to protect your trademark on a federal level. Once you have consulted with your IP attorney and determined your mark is eligible for USPTO protection, you may start filling out your trademark application. As part of the application, you will be asked to detail the mark format and identify the goods and/or services to which the mark will apply.

Bottom Line

Overwhelmed by the patent and trademark registration process with the USPTO? You are not alone. In the US, you are not required to have an attorney in order to apply for trademark or patent protection, but working with a legal expert is extremely beneficial. Those who attempt to file applications without an IP attorney often run into considerable challenges and difficulties. Consult with one of our top intellectual property attorneys today.

Featured Intellectual Property Lawyers

The Law Office of Amy Ghosh, APC

Google rating
24 years in practice
Bankruptcy, Business Law, Divorce & Family Law, Immigration Appeals, Immigration Law
View Profile

Coast Law Group LLP

Google rating
15 years in practice
Business Law, Employment Law, Intellectual Property, Personal Injury, Trust & Estate
View Profile

Poole Brooke Plumlee PC.

Google rating
34 years in practice
Auto Accidents, Bankruptcy, Business Law, Employment Law, Intellectual Property
View Profile

Derden Law

Google rating
17 years in practice
Citizenship, Deportation Defense, Family Visas
View Profile

Levesque Law PLLC

Google rating
15 years in practice
Citizenship, Family Visas
View Profile

Manzoor Law Firm, Inc

Google rating
8 years in practice
Asylum, Citizenship, Family Visas, Green Cards
View Profile

Related Posts

Domestic Representative
Lia Kopin-GreenAugust 30, 2022
Consent Agreement
Lia Kopin-GreenAugust 21, 2022
Claim: Intellectual Property
Lia Kopin-GreenAugust 16, 2022
Lia Kopin-GreenAugust 10, 2022
Attorney At Law is changing how clients connect with lawyers. By providing an innovative platform to lawyers who want to expand their practice’s reach, AAL is bringing law practices into the future.
6142 Innovation Way
Carlsbad, California 92009
© 2023 Attorney at Law | All rights reserved
Some of the content of this website may be considered attorney advertising under the rules of certain jurisdictions. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
crossmenuchevron-upchevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram