[United States Government Manual]
[May 31, 1996]
[Pages 163-164]
[From the U.S. Government Publishing Office, www.gpo.gov]



Patent and Trademark Office

[For the Patent and Trademark Office statement of organization, see the 
Federal Register of Apr. 14, 1975, 40 FR 16707]

The patent system was established by Congress ``. . . to promote the 
progress of . . . the useful arts. . .'' under Article I, section 8, 
U.S. Constitution (title 35, United States Code: Patents). The 
registration of trademarks is based on the commerce clause of the U.S. 
Constitution (title 15, United States Code, chapter 22: Trademarks). The 
Patent and Trademark Office (PTO) grants patents and registers 
trademarks to qualified applicants.
    The Office examines applications for patents to determine if the 
applicants are entitled to patents under the law and grants the patents 
when they are so entitled. The patent law provides for the granting of 
patents in three major categories: utility patents, design patents, and 
plant patents. The term of a design patent is 14 years from the date of 
grant. The term of utility and plant patents is 20 years measured from 
the earliest effective U.S. filing date, if the application for patent 
was filed on or after June 8, 1995.For utility or plant patents that 
were in force on June 8, 1995, or that result from an application filed 
prior to June 8, 1995, the term shall be the longer of 17 years measured 
from the date of grant or 20 years measured from the earliest effective 
U.S. filing date.
    All utility patents are subject to the payment of maintenance fees. 
Effective June 8, 1995, applicants may file provisional applications for 
patents in the PTO. Provisional applications are available for utility 
and plant inventions but not design inventions. Provisional applications 
are not examined and will

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become abandoned by operation of law within one year of the filing date 
of the provisional application. The provisional application itself 
cannot mature into a patent. However, if applicants wish to obtain a 
patent on the invention disclosed in a provisional application, 
applicants must file a nonprovisional application not later than 12 
months from the filing date of the provisional application.
    The Office also issues Statutory Invention Registrations, which have 
the defensive but not the enforceable attributes of a patent. It also 
processes international applications for patents under the provisions of 
the Patent Cooperation Treaty as an International Searching Authority 
under Chapter I of the Treaty and as an International Preliminary 
Examining Authority under Chapter II of the Treaty.
    Over 114,500 patents providing inventors with exclusive rights were 
issued for the fiscal year of 1995. Effective January 1, 1996, patentees 
have the right to exclude others from making, using, offering for sale, 
or selling the invention throughout the U.S. or importing the invention 
into the U.S. during the term of their patent. Patents and trademarks 
may be reviewed and searched in the PTO and in over 78 patent and 
trademark depository libraries throughout the country. The patent system 
fosters innovation, investment in developing and marketing inventions, 
and prompt disclosure of technological information.
    About 67,000 trademarks were registered for fiscal year 1995, and 
6,785 trademark registrations were renewed. A trademark includes any 
distinctive word, name, symbol, device, or any combination thereof 
adopted and used, or intended to be used, by a manufacturer or merchant 
to identify his goods or services and distinguish them from those 
manufactured or sold by others. Trademarks, registered for 10 years, 
with renewal rights of equal term, are examined by the Office for 
compliance with various statutory requirements to prevent unfair 
competition and consumer deception.
    In addition to the examination of patent and trademark applications, 
issuance of patents, and registration of trademarks, the Patent and 
Trademark Office:
    --sells printed copies of issued patents and trademark 
registrations;
    --records and indexes documents transferring ownership;
    --maintains a scientific library and search files containing over 30 
million documents, including U.S. and foreign patents and U.S. 
trademarks;
    --provides search rooms for the public to research their 
applications;
    --hears and decides appeals from prospective inventors and trademark 
applicants;
    --participates in legal proceedings involving the issue of patents 
or registration of trademarks;
    --advocates strengthening intellectual property protection 
worldwide;
    --compiles the Official Gazettes, a weekly notice of patents issued 
and trademarks registered by the Office, including other information; 
and
    --maintains a roster of patent agents and attorneys qualified and 
recognized to practice before the Office.

For further information, contact the Office of Public Affairs, Patent 
and Trademark Office, Washington, DC 20231. Phone, 703-305-8341. The 
Office's operations are located at 2121 Crystal Drive, Arlington, VA 
22202.