The USPTO manages trademarks, patents, and service marks, with a staff of over 7,000. Filing grants exclusive rights for a limited time, and fees support the organization. Patents must prove uniqueness and last for 20 years, while trademarks are reviewed for conflicts and can use the “R” symbol if approved. The process is complex and costly, often requiring lawyers.
The United States Patent and Trademark Office (USPTO) was established in 1790. According to Article One, Section Eight of the Constitution, it “promotes the advancement of science and useful arts, by securing for a limited time to authors and exclusive right on their respective writings and discoveries”. The USPTO manages trademarks, patents, and service marks. It is part of the US Department of Commerce and often acts as an advisory body when intellectual property issues arise.
The USPTO maintains a staff of more than 7,000 to handle the paperwork and inspection of applications. 2,000 staff members act as examining staff, carefully reviewing applications to ensure they are for unique scientific inventions. Review staff also determine what a company is allowed to brand and often perform months of research before approving an application. Other staff members handle administrative duties, including maintenance of an enormous historical and scientific library consisting of documents relating to every item patented and registered in the United States.
Filing documents with the USPTO grants a business or individual exclusive rights to the registered intellectual property item. Usually these rights only apply for a certain period, after which the exclusive protections expire. For this reason companies are very careful when they file patents for new inventions, to make sure they get the maximum profits. The USPTO also charges fees for examining potential patents and trademarks, using these fees to support the organization.
A patent is granted by the USPTO to someone who invents a new scientific process or device, as well as people who breed unique plants or create unique manufacturing designs. In order for a patent to be approved, it must prove that it is a unique and original work. For twenty years after a patent is filed, other individuals or companies may not make, use, or sell the invention without the inventor’s specific approval.
A trademark is a logo, symbol, phrase or design associated with a particular company or merchant. Companies that choose to register with the USPTO submit documents showing how the trademark is being used, and the reviewing staff determines whether the design conflicts with an already registered trademark. If the trademark is granted federal registration, the company may use the “R” symbol to indicate that it is registered. A service mark is a type of mark used specifically in reference to services.
Since the process of registering a trademark or patent can be quite complex, most people employ lawyers to assist them. Additionally, the fees can be quite steep, with patent registration and maintenance for some inventions costing up to US$4,000 over the life of the patent. The USPTO refers individuals seeking copyright protection to the United States Library of Congress, which also maintains an impressive library of articles.
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