What is the USPTO?
If you have been working on a patent, or have previous experience with them, then you certainly are already very familiar with the United States Patent and Trademark Office, or at least the process of applying for a patent with them. If you are new to patents, and are just starting to learn more about patent laws in Orlando, then you may want to know a bit more about the office that you will be dealing with directly while trying to secure your intellectual property.
A Brief History of the USPTO
George Washington created the first legislation regarding patents in the United States in 1790, when approving patent applications was the responsibility of the Secretary of State. Over the years, the roles, responsibilities, and leadership of the patent approval process evolved into what we know it as today.
In 1802, the role was transferred from the Secretary of State to a clerk, and the first patent office was officially created.
Patents themselves were not invented by George Washington — there are records of patents going back to 500 BCE in Sybaris, Italy. These first patents were issued to chefs for a term of one year that granted them the exclusive rights to a unique recipe. Patents have evolved quite a bit since then, and your application process will be a clear indication of how complex and rigorous the approval requirements are now.
Since 1790, the USPTO has issued more than 1- million patents, and has handled trademarks since 1881. The 10 millionth patent was issued to Joseph Marron of Raytheon on June 19, 2018 - 228 years after George Washington signed the first patent issued to Samuel Hopkins.
What Is the United States Patent and Trademark Office?
The USPTO is a United States government agency under the Department of Commerce, and exists to grant legal rights to people based on their intellectual property. The office is funded solely on the fees of applicants, meaning that your application fee is not simply a bureaucratic inconvenience - it is the actual cost of the work that goes into your filing process, and keeps the USPTO running for all future intellectual property submissions, and maintaining the important rights that inventors enjoy in the United States.
The Office itself is located in Alexandria, Virginia, and has almost 13,000 employees. Of those, over 8,000 are patent examiners who will review an application extensively before approving, and many times requesting additional information to ensure that new patents do not infringe on existing patents.
What Is a Patent?
A patent is a property right that the USPTO grants to inventors of “unique, useful, and non-obvious” ideas. With a patent, the patent-holder has a period of time where they can enjoy exclusive rights for production, manufacturing, sales, distribution, and licensing of their IP. If they find that a competitor is in violation of their patent rights, they can send a cease and desist, and pursue legal avenues to punish the violation.
Patents are issued for utilities, designs, and plants in the United States, and each has a different process and different term of exclusivity. Utility patents are granted for machines, processes, compounds, and other inventions that are deemed “useful.” Design patents are granted to purely aesthetic, unique distinguishing factors that set an item apart. Plant patents are issued for entirely new plants that are developed.
Patents play an extremely important role in the United States and across the globe for encouraging innovation and technological advancement. Without the USPTO, this process would be even more complicated and opaque than it already is, and American inventors would not enjoy the same degree of protection as they do. If you are planning to apply for a patent, partner with a patent attorney, such as The Patent Professor, to ensure that you will be able to navigate this process with ease.
