USPTO. The USPTO is a federal agency for granting U.S. patents and registering trademarks. In doing this, the USPTO fulfills the mandate of Article I, Section 8, Clause 8, of the Constitution that the legislative branch "promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The USPTO registers trademarks based on the commerce clause of the Constitution (Article I, Section 8, Clause 3). Under this system of protection, American industry has flourished. New products have been invented, new uses for old ones discovered, and employment opportunities created for millions of Americans. The strength and vitality of the U.S. economy depends directly on effective mechanisms that protect new ideas and investments in innovation and creativity. The continued demand for patents and trademarks underscores the ingenuity of American inventors and entrepreneurs. The USPTO is at the cutting edge of the nation's technological progress and achievement.
DEPARTMENT OF COMMERCE. The United States Patent and Trademark Office (USPTO or Office) is an agency of the U.S. Department of Commerce. The USPTO advises the president of the United States, the secretary of commerce, and U.S. government agencies on intellectual property (IP) policy, protection, and enforcement; and promotes the stronger and more effective IP protection around the world. The USPTO furthers effective IP protection for U.S. innovators and entrepreneurs worldwide by working with other agencies to secure strong IP provisions in free trade and other international agreements. It also provides training, education, and capacity building programs designed to foster respect for IP and encourage the development of strong IP enforcement regimes by U.S. trading partners.
Source: USPTO.
PATENT TRIAL AND APPEAL BOARD (PTAB)
The Patent Trial and Appeal Board an administrative law agency of the United States Patent and Trademark Office, and is created by statute, 35 U.S.C., and includes statutory members and Administrative Patent Judges. The PTAB is charged with rendering decisions on: appeals from adverse examiner decisions, post-issuance challenges to patents, and interferences.
The Board's duties are:
As enumerated under 35 U.S.C. § 6(a), the PTAB has the power to establish the Board's membership as the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges. More can be found at the Organization of the Board.
A decision from the PTAB can be appealed to the United States Court of Appeals for the Federal Circuit (CAFC). USPTO.
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT (CAFC)
As prescribed by section 1295 of title 28, United States Code, it is the only Federal Appellate Court with exclusive jurisdiction over cases, in whole or in part, relating to patents. History of the United States Court of Appeals for the Federal Circuit.
A patent owner and/or a third party requester in an inter partes reexamination proceeding, who is a party to an appeal to the TTAB and who is dissatisfied with the decision of the Board may, subject to 37 CFR 41.81, appeal to the Federal Circuit. USPTO.
UNITED STATES SUPREME COURT
Patent suits can be further appealed, on a discretionary basis, to the Supreme Court of the United States. USPTO.
