VSP

United States Patent Office

1. Celebrating 25 years of USPTO’s Public Advisory Committees

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/clinton-bill-signing-1500.jpg" alt="Then-President Bill Clinton signs an appropriations bill that includes the Patent and Trademark Office Efficiency Act into law, in the Rose Garden on November 29, 1999. Clinton is seated and pictured in the middle of the image, surrounded by police and other officials who are standing. The desk Clinton is using to sign the bill says on the front, &#039;a strong budget for a strong America.&#039; The photo was taken by David Scull and provided courtesy of the William J. Clinton Presidential Library." /> </div> </article> <p>President Bill Clinton signs into law an appropriations bill that includes the Patent and Trademark Office Efficiency Act, creating the USPTO Public Advisory Committees (PACs), in the Rose Garden on November 29, 1999. (Photo by David Scull, courtesy of the William J. Clinton Presidential Library)</p> <p>The turn of the new millennium was a time of expansive change and great opportunity. With the digital revolution reaching across the globe, the majority of Americans now had a computer in their home. Rapidly developing technologies drove new sectors of innovation, as well as expanding opportunities for businesses small and large alike.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>More Americans sought to protect their inventions and brands than ever before. In the 1990s, the USPTO saw an exponential increase in both patent and trademark applications, the beginnings of a trend that continues to this day. In response, America’s Innovation Agency took steps to better serve the nation’s innovators. Our agency moved swiftly toward electronic filing for both patent and trademark applicants. We piloted a pioneering work-from-home program. And two new Public Advisory Committees (PACs) took on a vital responsibility – representing the interests of inventors and entrepreneurs across the country.&nbsp;</span></p><p><span>On November 29, 1999, President Bill Clinton signed the Patent and Trademark Office Efficiency Act into law. Among other matters, this intellectual property (IP) legislation established the Patent Public Advisory Committee (PPAC) and the Trademark Public Advisory Committee (TPAC). Each made up of nine voting members, the PACs were tasked with reviewing the USPTO’s policies, goals, performance, budget, and user fees, and advising the Director on the best way to move the agency forward. The members themselves were and are steeped in the diverse and rapidly changing IP community, with representatives from small businesses, universities, large corporations, and emerging technologies. Their voices have offered valuable insight and driven change within the agency for over two decades.&nbsp;</span></p><p><span>Looking back on 25 years, we celebrate a quarter-century of the USPTO’s PACs by asking some key figures to share their accounts on the important impact the PACs have had on their work. (Some accounts have been edited for brevity.)</span></p><p>&nbsp;</p><h4><span>Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO&nbsp;</span></h4><p><span>“Happy 25^th anniversary to our Public Advisory Committees and to everyone who has served the USPTO on the PACs over the years! You have helped lift IP within our communities, country, and the world, and shape policies to support our people, our stakeholders, and robust and reliable IP. With your guidance, we have become stronger and more agile. Alongside you, our workforce, our unions, and our stakeholders, we are moving the needle for innovation and entrepreneurship, solving community and world problems, and fostering economic and national security. Thank you for all you’ve done and will continue to do to move our country forward.”</span></p><h4><span>Senator Chris Coons (D-Del.), Chair, Senate Judiciary IP Subcommittee&nbsp;</span></h4><p><span>“Congratulations to PPAC and TPAC on 25 years of service to the U.S. Patent and Trademark Office and the American public!&nbsp; The PACs plays a crucial role in shaping U.S. IP policies by engaging with inventors, entrepreneurs, businesses, legal experts, and the public.&nbsp; I wish the PACs continued success in helping to shape our IP policy and I look forward to reviewing this year’s annual reports for their valuable insights and recommendations.”</span></p><h4><span>Senator Thom Tillis (R-N.C.), Ranking Member, Senate Judiciary IP Subcommittee&nbsp;</span></h4><p><span>“I want to congratulate the PPAC and TPAC for 25 years of public service and to especially acknowledge and thank those who have served on these Committees over its many years. Intellectual property is central to the success of the U.S. economic engine and IP is what makes the U.S. the global leader in innovation. Therefore, we must strive to not only protect IP rights but to also improve these rights so as to make sure that they keep pace with emerging technologies. Both the PPAC and TPAC play an important role in this.”&nbsp;</span></p><h4><span>Vaishali Udupa, Commissioner for Patents</span></h4><p><span>“Happy anniversary to the PPAC committee! The 25-year partnership between the USPTO and PPAC is invaluable to our agency. The PPAC’s guidance and insights on a number of issues, including patent quality and our pendency reduction initiatives,&nbsp;are&nbsp;critical contributions to ensure our actions are informed by these key leaders from the public. I look forward to continuing our collaboration in the years to come. Thank you PPAC members for your hard work and service on the committee.”</span></p><h4><span>David Gooder, Commissioner for Trademarks</span></h4><p><span>“On behalf of the entire Trademarks organization at the USPTO, I congratulate TPAC, and its members – past and present – on the 25th anniversary of the founding of this highly distinguished group of trademark advisors. During my term as Commissioner, the TPAC has helped the trademark office make critical decisions as we navigated a long list of defining challenges, such as the pandemic, our reduction in the resultingly high application pendency, our actions to fight against trademark fraud and scams, our work modernizing 40-year-old IT systems, and the myriad of policy decisions required to launch the Trademark Modernization Act. We at the USPTO, together with brand owners and the entire trademark community, are all stronger for your dedicated service and for that, we thank you sincerely. Happy 25th anniversary, TPAC!</span></p><h4><span>Kathleen Duda, President, POPA</span></h4><p><span>“The Patent Public Advisory Committee (PPAC) has been an important link between the public and the agency, allowing input to the agency that it might not otherwise receive. The Patent Office Professional Association (POPA) appreciates the work of the PPAC and their interaction with the agency and the union.”</span></p><h4><span>Harold Ross, President, National Treasury Employees Union (NTEU) 243</span></h4><p><span>“As Vince Lombardi said, ‘The achievements of an organization are the results of the combined effort of each individual.’ NTEU 243 appreciates the efforts of each individual on the PACs, and congratulates their achievements. I wish both PACs a happy 25th anniversary.”</span></p><h4><span>Jay Besch, President, NTEU 245</span></h4><p><span>“The Trademark Public Advisory Committee is truly a forum for the public, the agency, and its employees to share information, interests, and perspectives.&nbsp; Our union has been a proud member since it began, and we have seen how valuable working together through this forum has been to promote understanding and reach solutions that are beneficial to all.&nbsp; We look forward to our continued participation.”</span></p><h2><span><strong>PPAC members</strong></span></h2><p>&nbsp;</p><h4><span>Loletta “Lolita” Darden (Chair)</span></h4><p><span>“Intellectual property creation and protection are essential to increasing U.S. competitiveness, job growth, and economic stability. PPAC has provided me the opportunity to advocate for programs that increase awareness among the general public regarding patent protection and procedures and for patent protection systems that address the needs of the solo inventors and small and medium-sized enterprises. Over the past 2 years, as a member of PPAC I have had the opportunity to work closely with Director Vidal on these issues.”</span></p><h4><span>Henry Hadad</span></h4><p><span>“I am privileged to serve on the PPAC, which reviews and provides input on proposed USPTO policies, goals, performance, and budget. The PPAC represents a wide range of USPTO stakeholders that care deeply about the intellectual property system and its role in driving innovation and economic growth.&nbsp; By working closely and collaboratively with our USPTO colleagues, we hope our insights and experience inform the USPTO as it considers how to best protect the existing and emerging technologies that will create a better future.”</span></p><h4><span>Suzanne Harrison</span></h4><p><span>“I joined PPAC with the intent to work with the USPTO to help them think more strategically about how best to utilize patents for the benefit of our nation and our national competitiveness.”</span></p><h4><span>Lateef Mtima</span></h4><p class="text-align-justify"><span>“Service on the PPAC affords its members the unique privilege of assisting the USPTO in its function to promote effective IP protection for American innovators and entrepreneurs and to provide the American public with the training, education, and capacity building programs that will foster respect for IP achievement. I’m especially excited to serve on the PPAC as the USPTO implements the National Strategy for Inclusive Innovation and fulfills the mandate of the Unleashing American Innovators Act to ensure that Americans from every geographic region and all walks of life enjoy the opportunity to cultivate their innovative potential to uplift their individual communities and to benefit our nation as a whole.”</span></p><h4 class="text-align-justify"><span>Marvin Slepian</span></h4><p class="text-align-justify"><span>“As a long-standing inventor, physician-scientist, engineer and developer of medical devices it has been an honor to be selected to serve on PPAC. Having the opportunity to bring years of real-world experience and expertise involving patenting and stewardship of intellectual property of cutting-edge devices, diagnostics and therapeutics – many of which successfully translated to clinical use today with lifesaving impact – has been a personal motivator to contribute to and advance the USPTO innovation mission. Without USPTO patent protection, none of the major device and technologies that are essential for the advancement of health and well-being for so many in the U.S and worldwide would exist today. As a current member of PPAC actively engaged in research and application of artificial intelligence in medicine, engineering, and across many disciplines, it has been a privilege to be engaged with many at USPTO as to how best to integrate, steward, and maximize the advances that this technology offers, to drive the USPTO mission and innovation for America.”</span></p><h4 class="text-align-justify"><span>Olivia Tsai</span></h4><p><span>“I am honored to serve on PPAC in a nation that champions widespread innovation and growth. This unique committee brings together distinguished IP leaders from diverse backgrounds and industries to collaborate with USPTO counterparts towards a common goal of supporting the best patent system in the world. It is my pleasure to listen and advise; the intellectual discussions and friendships made along the way are truly unmatched.”</span></p><h2><span><strong>TPAC members</strong></span></h2><p>&nbsp;</p><h4><span>Adraea Brown (Chair)</span></h4><p><span>“It has been both a privilege and an honor to serve as a member and chair of TPAC. This experience has allowed me to work with some of the best minds in the trademark profession, gain valuable insights into the USPTO, and develop a profound appreciation for the dedicated professionals who collectively make the USPTO one of the leading intellectual property offices in the world. I have immense respect for everyone at the agency and appreciate the collaborative dynamic with Director Vidal, Commissioner Gooder, and their leadership teams who actively seek and welcome our questions and suggestions. I doubt another career experience can top this one.”</span></p><h4><span>Amy Hsiao (Vice Chair)</span></h4><p><span>“I'll admit, I was hesitant at first, not entirely sure what I was stepping into with TPAC. But now, I’m in awe. Serving on TPAC has been nothing short of an incredible journey, providing a unique window into how policies shape the future for American businesses – from fraud prevention to AI innovation. It’s a true honor to witness how government operates. The connections forged and the insights gained from this experience are extraordinary. I walk away with a newfound respect for our government and the dedicated individuals behind it. For me, TPAC is like an intensive MBA program, stretching – in a good way – my understanding beyond law into the realms of business, policy, and beyond. It's truly a rewarding, fun, and incredibly cool experience.”</span></p><h4><span>Valerie Calloway</span></h4><p><span>“It’s an honor to serve on TPAC during its 25th anniversary. Serving with the extraordinary African American women who are the current PAC Chairs is an experience of a lifetime. Exchanging perspectives with a variety of stakeholders to further innovation and business growth is an invaluable experience I’ll treasure forever.”</span></p><h4><span>Rod Enns</span></h4><p><span>“It has been the privilege of my career to serve on TPAC. Trademarks leadership partners with us and genuinely values our input, and the collegiality among TPAC members, some of the most accomplished practitioners in the field, makes for a great environment. I figured TPAC service would be interesting and rewarding, but I didn’t expect it to be so much fun!</span></p><h4><span>Deborah Gerhardt</span></h4><p><span>“Serving on TPAC has been one of the greatest honors of my professional life. At a TPAC meeting, the breadth of experience in the room is extraordinary. The USPTO ensures that the TPAC members come from different perspectives: private companies, nonprofits, large law firms, and universities. Each USPTO employee and TPAC member has experienced the world of IP so differently, that every meeting offers opportunities to learn from the extensive experience everyone brings to the table. Thanks to my TPAC service, I have a deeper appreciation for the many ways the USPTO serves the public and works to make the IP ecosystem accessible to everyone.”</span></p><h4><span>Dana Brown Northcott</span></h4><p><span>“It has been a true honor to serve on the TPAC, particularly as we celebrate its 25th anniversary.&nbsp; The partnership and collaboration between TPAC and the USPTO have provided me a first-hand view of the USPTO’s dedication to enabling greater access to crucial IP protection mechanisms, as well as highlighted the USPTO’s commitment to encouraging diversity in innovation and entrepreneurship.”</span></p></div> </div>

2. Update on USPTO response to CrowdStrike IT outage

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/20240722_crowdstrike.jpg" alt="USPTO technical staff assist employees affected by the IT outage" /> </div> </article> <p><span class="ui-provider ed cnp bgu cwk cwl cwm cwn cwo cwp cwq cwr cws cwt cwu cwv cww cwx cwy cwz cxa cxb cxc cxd cxe cxf cxg cxh cxi cxj cxk cxl cxm cxn cxo cxp" dir="ltr">USPTO technical staff assist employees affected by the IT outage. (Photo by Michael Connor/USPTO)</span></p> <p>On behalf of the USPTO, I want to express our gratitude for your patience while we work to mitigate the effects of the CrowdStrike IT outage. This event has significantly affected millions of users globally, and thousands within our USPTO workforce.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>The USPTO has been diligently working since early Friday morning to restore workstation access for employees across our organization. Fortunately, all of our external, stakeholder-facing systems were minimally impacted and were restored to full operation as of Friday afternoon. The public should have no issues accessing systems such as MyUSPTO, TEAS, or other applications linked to your USPTO.gov account or our public webpages.</p><p>Though a majority of those who lost computer access are now fully online and we project that most of our workforce will be back online before the end of the week, we know employees may have missed previously scheduled meetings or were not able to return your communications. We regret any confusion or uncertainty this has caused you.</p><p>I want to express my sincere appreciation and gratitude to our teams who have been at this non-stop for the last few days, working over the weekend to set up an expanded onsite resolution center. I also want to thank the many employees across the organization who have stepped up to help outside of their regular job responsibilities. We will continue providing expanded services and hours until we have every USPTO employee back online. We are also committed to doing everything possible to alleviate the impact this outage has had on our stakeholders.</p><p>Thank you for your patience as we work to get this issue resolved. I appreciate your time and support.</p></div> </div>

3. From military service to the USPTO and back

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/kayley_uh1.jpg" alt="Major Kayley Squire, Air Force policy fellow at the USPTO, during her time in the Air Force as an aide-de-camp" /> </div> </article> <p>Major Kayley Squire as an aide-de-camp during her service in the U.S. Air Force. (Photo courtesy of Kayley Squire)</p> <p>Major Kayley Squire, an Air Force strategic policy fellow and the USPTO’s outgoing senior military advisor, spoke recently with Public Affairs Specialist Christy Whitaker about Squire’s Air Force fellowship with the USPTO and the role she played in enhancing the agency&#039;s military outreach initiative.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>Squire and Whitaker worked together on&nbsp;</span><a href="https://www.uspto.gov/about-us/events/entrepreneurship-essentials-military-community" data-entity-type="node" data-entity-uuid="2c7434d1-45fc-4ed3-ab37-1f152986a19a" data-entity-substitution="canonical" title="Entrepreneurship Essentials for the Military Community"><span>Entrepreneurship Essentials Roadshows</span></a><span> where the military community learns about resources to assist them in starting their own business and the importance of protecting their intellectual property (IP). (This transcript has been edited for brevity.)</span></p><p><span><strong>Whitaker to </strong></span><a href="https://www.uspto.gov/about-us/organizational-offices/office-under-secretary-and-director/major-kayley-squire" data-entity-type="node" data-entity-uuid="008a1a3a-9654-4234-af05-f6f5b741edbe" data-entity-substitution="canonical" title="Major Kayley Squire"><span><strong>Major Squire</strong></span></a><span><strong>: </strong></span><strong>Thank you for your service to our country and here at the USPTO. Tell us about yourself and why you joined the military.</strong></p><p><span><strong>Squire:</strong> I’m an active-duty major and just celebrated my 13-year Air Force anniversary. My background is in airfield operations. I’m the&nbsp;</span><a href="https://www.dvidshub.net/video/841387/usaf-maj-squire-military-child-service-member"><span>fourth generation</span></a><span> of military service. Thanks to my parents’ service, I knew about scholarship opportunities. I was awarded one to pay for a good chunk of my education, and I joined the Reserve Officers’ Training Corps. [Squire has a bachelor of arts in psychology and linguistics from New York University. Her master of science is from Embry-Riddle Aeronautical University.]</span></p><p><span>My original service commitment was four years. You ask yourself, why stay in something that often requires sacrifices? It boils down to the people you surround yourself with – and a constant drive to serve the public. Christy, as your husband just retired from the Army, I’m sure you also both went through this at every milestone.</span></p><p><span><strong>Whitaker: </strong></span><strong>You’re returning to the Pentagon?</strong></p><p><span><strong>Squire:</strong> I was an aide-de-camp. I’m headed back as a staff officer at the Air Force Plans and Programs office, doing long-range resource allocation.</span></p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/kayley-janine-scianna-kv-mary-fuller-camp-pendleton.jpg" alt="From left to right, Major Squire with the USPTO’s Janine Scianna, senior adviser to Director Kathi Vidal; Director Vidal; and Mary Fuller, the Silicon Valley Regional Office’s director, at an Entrepreneurial Essentials event on October 11 at Marine Corps Base Camp Pendleton" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p><i><span>From left to right, Major Squire with the USPTO’s Janine Scianna, senior adviser to Director Kathi Vidal; Director Vidal; and Mary Fuller, the Silicon Valley Regional Office’s director, at an Entrepreneurship Essentials event on October 11 at Marine Corps Base Camp Pendleton. (Photo by Julie Mason/USPTO)</span></i></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span><strong>Whitaker: </strong></span><strong>Why did you choose to do your fellowship at the USPTO?</strong></p><p><span><strong>Squire: </strong>I was intrigued by the agency's mission and the chance to work at its highest level. You go to a new-to-you agency and get some freedom to define the fellowship and help build it out for future members.</span></p><p><span><strong>Whitaker: </strong></span><strong>Had you heard about the USPTO previously?</strong></p><p><span><strong>Squire: </strong>No. You know what patents are, you know what trademarks are. I didn’t know deeply about intellectual property. I quickly saw the world completely differently: IP, ideas, and innovation are everywhere. I toured the&nbsp;</span><a href="https://www.uspto.gov/ip-policy/global-intellectual-property-academy" data-entity-type="node" data-entity-uuid="20a556e9-24d4-4eb0-9276-d3858fbf6549" data-entity-substitution="canonical" title="The Global Intellectual Property Academy"><span>Global Intellectual Property Academy</span></a><span>, and the patent for the chair you’re sitting in is on the wall.&nbsp;</span></p><p><span>The USPTO’s mission is to get these ideas into impactful public use. Visiting military bases helped me connect with folks who were like, ‘Why the USPTO? Why are you here?’ We need to continue reaching this community.&nbsp;</span></p><p><span><strong>Whitaker:&nbsp;</strong></span><strong>What are some other fellowship highlights?</strong></p><p><span><strong>Squire:&nbsp;</strong>As perhaps the first defense fellow here, I found where the Air Force’s priorities align with the USPTO’s. I helped design my own fellowship even as we increased military outreach.&nbsp;</span></p><p><span>I can’t see the world quite the same after this experience. If I heard about intellectual property, it might have been in ways you see in the headlines. I peeled back that understanding by learning from USPTO colleagues.</span></p><p><span>I attended last year’s&nbsp;</span><a href="https://www.invent.org/blog/behind-nihf-scenes/2023-inductees"><span>National Inventors Hall of Fame induction</span></a><span> with world-changing inventors. NIHF shows how the USPTO inspires future generations to improve on innovations or invent the next big thing. I looked at my husband and thought this is wildly inspiring. &nbsp;</span></p><p><span>I connected with innovators and entrepreneurs and watched them start and grow businesses. Connecting participants to each other and to resources was the biggest highlight.&nbsp;</span></p><p><span><strong>Whitaker:</strong> </span><strong>How will your USPTO experience help you at the Pentagon?</strong></p><p><span><strong>Squire: </strong>There are relevant lessons in the importance of IP rights, technology transfer, and dual-use technologies for the military and civilians. Having helped create USPTO programs will carry me further.</span></p><p><span>At some point I’ll hang up the uniform and figure out what’s next. Now I know how to find the right people and resources.</span></p><p><span><strong>Whitaker: </strong></span><strong>What’s similar and different between working as a civilian for the last year and military service?</strong></p><p><span><strong>Squire: </strong>There are big differences – by design. The military is more hierarchical. It took a little bit of learning to work in a flatter organization. There’s a lot more autonomy here.</span></p><p><span>I was surprised to see many similarities. The people I worked with got stuff done. That’s something the military instills: Get after this, find a way towards something possible. Other differences are obvious: I chose what to wear every day.</span></p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/christy-april-22-hq-summit.jpg" alt="USPTO Public Affairs Specialist Christy Whitaker speaking at Military Entrepreneurship Summit on April 22" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p><i><span>Whitaker at the USPTO’s Military Entrepreneurship Summit on April 22 in Alexandria, Virginia. (Photo by Jay Premack/USPTO)</span></i></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span><strong>Whitaker:</strong> </span><strong>What other USPTO programs did you help stand up?</strong></p><p><span><strong>Squire: </strong>The USPTO started its military initiatives before I arrived. Thanks to Director Vidal for prioritizing it. Thanks to folks like you, Christy, and to Janine Scianna for building it from scratch.&nbsp;</span></p><p><span>I got to expand our programs:</span></p><ul><li><span>We built more touchpoints with DOD to support their innovation needs.</span></li><li><span>We worked with the First Lady’s&nbsp;</span><a href="https://www.whitehouse.gov/joiningforces/"><span>Joining Forces&nbsp;</span></a><span>initiative.</span></li><li><span>We joined an interagency committee advancing an&nbsp;</span><a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2023/06/09/executive-order-on-advancing-economic-security-for-military-and-veteran-spouses-military-caregivers-and-survivors/"><span>executive order</span></a><span> for military spouses.</span></li></ul><p><span>I would flag an idea internally, and the Office of Human Resources got it over the finish line. In June, it published an administrative leave policy for military spouses relocating due to military orders. They can&nbsp;apply for five days of administrative leave so they don’t use annual leave. Because of all we do to support&nbsp;</span><a href="https://www.uspto.gov/jobs/veteran-hiring-program" data-entity-type="node" data-entity-uuid="0a92ff4e-46e9-44a3-909f-4885c20a5be2" data-entity-substitution="canonical" title="Veteran and military spouse employment"><span>veterans</span></a><span> and military spouses, we provided a slew of best practices for the White House’s&nbsp;</span><a href="https://www.whitehouse.gov/wp-content/uploads/2024/02/Military-Spouse-Hiring-Toolkit_PDF.pdf"><span>toolkit</span></a><span> on hiring military spouses.</span></p><p><span>And the USPTO just became a partner employer in the&nbsp;</span><a href="https://msepjobs.militaryonesource.mil/msep/"><span>Military Spouse Employment Partnership</span></a><span>. This Department of Defense program connects military spouses with nonprofit, corporate, and government employers that are committed to hiring and promoting these valuable employees.</span></p><p><span><strong>Whitaker:</strong> </span><strong>What’s your advice for those interested in joining the USPTO?</strong></p><p><span><strong>Squire: </strong>You can apply through&nbsp;</span><a href="https://uspto.usajobs.gov/search/results/"><span>USAJobs</span></a><span>, the&nbsp;</span><a href="https://www.hiringourheroes.org/career-services/"><span>Hiring our Heroes</span></a><span> military spouse fellowship, and&nbsp;</span><a href="https://skillbridge.osd.mil/industry-employers.htm"><span>DOD SkillBridge</span></a><span>.</span></p><p><span>Being a part of innovation at its earliest stages and getting updates about what’s happening in technology is significant. If you get a chance to be a part of that, do it.</span></p></div> </div>

4. Working together to tackle patent and trademark pendency

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/20240229_ppac_007.jpg" alt="Kathi Vidal sits at the head of a conference table meeting with members of the Patent Public Advisory Committee" /> </div> </article> <p><span class="ui-provider ed bnz boa bob boc bod boe bof bog boh boi boj bok bol bom bon boo bop boq bor bos bot bou bov bow box boy boz bpa bpb bpc bpd bpe bpf bpg" dir="ltr">Director Vidal discusses pendency and other USPTO initiatives at a recent meeting. (</span><span>Photo by Jay Premack/USPTO)</span></p> <p>An efficient and reliable intellectual property (IP) system is critical to innovating, brand building, creating jobs, and solving problems, both here in the United States and around the world. That is why, in addition to our critical policy work—including issuing guidance, engaging in rulemaking, participating in international measures and treaties, providing technical assistance to Congress, and working in the courts—we at the United States Patent and Trademark Office (USPTO) have been laser-focused on our operations, including, importantly, pendency.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>When I was confirmed as Director over two years ago, I began listening to external and internal stakeholders on proposed improvements. I heard from nearly 2,000 of my USPTO colleagues on what we could do better for them and for you. In addition to implementing measures to increase patent and trademark quality and uncover and mitigate fraud, we built the objectives of improving patent application pendency (OBJECTIVE 2.3) and improving trademark application pendency (OBJECTIVE 2.4) into the second goal of our <a href="https://www.uspto.gov/sites/default/files/documents/USPTO_2022-2026_Strategic_Plan.pdf">Strategic Plan</a>. &nbsp;</p><p>While this blog is longer than usual, I want to provide you with a comprehensive overview of our progress toward those objectives and of our general approach to tackling pendency in both our Patents and Trademarks organizations.&nbsp;</p><h2>The challenge</h2><div class="OutlineElement Ltr SCXW48794465 BCX8"><p class="Paragraph SCXW48794465 BCX8"><span class="TextRun SCXW48794465 BCX8 NormalTextRun" lang="EN-US">I recently spoke at a judicial conference during which one of the other speakers used a term that resonated with me: “inherited backlog.” The USPTO has long been focused on the quality of the patents we grant and the trademarks we register, and rightly so. We know how important robust and reliable IP protection is to our stakeholders and the country. However, unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an “inherited backlog” of both patent and trademark applications. While our approach to reducing pendency differs in Patents and Trademarks, our efforts to inject new thinking and strategic vision are the same.&nbsp;</span><span class="EOP SCXW48794465 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW48794465 BCX8"><p class="Paragraph SCXW48794465 BCX8"><span class="TextRun SCXW48794465 BCX8 NormalTextRun" lang="EN-US">Regarding <strong>patents</strong>, in 2019 the USPTO made a number of decisions to improve patent quality, including increasing the time allotted to examine each patent application and increasing examiner hiring goals to accommodate that additional time. In 2020 and 2021, the USPTO and other IP offices around the world predicted a slowdown in filings and adjusted hiring targets accordingly. However, the slowdown in filings was more modest and short-lived than expected. That limited effect, combined with the increased time allotted per application, as well as the competitive labor market for those with the technical degrees and backgrounds needed for patent examination, resulted in an increased backlog.&nbsp;</span><span class="EOP SCXW48794465 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW48794465 BCX8"><p class="Paragraph SCXW48794465 BCX8"><span class="TextRun SCXW48794465 BCX8 NormalTextRun" lang="EN-US">Regarding <strong>trademarks</strong>, during the pandemic more people started their own companies, launched new products, increased cross-border e-commerce, and filed trademark applications to improve their brand protection. That led to unprecedented application levels in fiscal years (FY) 2020 and 2021, some of which were filed fraudulently. &nbsp;</span><span class="EOP SCXW48794465 BCX8">&nbsp;</span></p><h2><span class="EOP SCXW48794465 BCX8">The work</span></h2><div class="OutlineElement Ltr SCXW38250104 BCX8"><p class="Paragraph SCXW38250104 BCX8"><span class="TextRun SCXW38250104 BCX8 NormalTextRun" lang="EN-US">Over the past two years, the USPTO leadership has worked with our employee unions—the National Treasury Employees Union 243 and 245 and the Patent Office Professional Association—to implement immediate measures to address pendency times for patent and trademark applications. Concurrently, we have worked on longer-term, root-cause analyses to inform future actions to bring down pendency times without producing unintended impacts on quality or our nationwide workforce. These measures are both pro-employee and pro-stakeholder.</span><span class="EOP SCXW38250104 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW38250104 BCX8"><p class="Paragraph SCXW38250104 BCX8"><span class="TextRun SCXW38250104 BCX8 NormalTextRun" lang="EN-US">We are also working with our more than 10,000 employees in Patents and nearly 1,200 employees in Trademarks on additional measures to provide an even more efficient, thorough, and well-reasoned review of each application, while enabling the USPTO to deliver IP rights more swiftly over time.</span><span class="EOP SCXW38250104 BCX8">&nbsp;</span></p><h2><span class="EOP SCXW38250104 BCX8">Patents</span></h2><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">When I first heard from patent examiners in the summer of 2022, there were three suggestions that consistently rose to the top: optimizing the routing of patent applications, extending working hours, and increasing pay. Each of those suggestions had the promise of not only creating a better employee experience, but also reducing pendency. If examiners could be routed applications that matched their technical backgrounds and be able to more expediently reroute applications that did not, they could spend more quality time efficiently examining the applications in their dockets. If we extended working hours, examiners could work when they were most efficient and could put in longer hours on a given day at their discretion. As for pay, an increase held the promise of not only improving the employee experience and reducing attrition, but also making examiner jobs more competitive in a challenging labor market. Overall, we concluded that to attack the macro trends impacting pendency, we needed to have more patent examiners working on applications every day. That meant we needed to dramatically increase our hiring and decrease our attrition.&nbsp;</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun ContextualSpellingAndGrammarErrorV2Themed" lang="EN-US">So</span><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US"> we acted. In 2022, the USPTO began implementing processes for <strong>routing </strong>patent applications to increase the likelihood that a patent application would be assigned to an examiner with the right technical background in the first instance. We also extended <strong>working hours </strong>so examiners would have more flexibility and could increase productivity.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">As for <strong>pay</strong>, we recently announced that, <strong>for the first time in nearly 15 years</strong>, we secured an increase in the special rate table that covers nearly 9,000 patent professionals at the USPTO. Moreover, we made adjustments in our award structures to better attract and reward employees who make meaningful contributions to our pendency and quality goals.&nbsp;</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">We have also directly focused on hiring. In FY 2023, 644 patent examiners joined the USPTO. This fiscal year, the agency is on target to exceed our goal of hiring 850 patent examiners. Classes of new examiners are starting monthly through September. &nbsp;We are also working on incentive programs to leverage an all-of-agency approach in support of our examiner hiring and retention efforts. Our push to hire new examiners will continue through at least FY 2025. If you or someone you know is interested in joining or rejoining our great team, please </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/jobs/become-patent-examiner" data-entity-type="node" data-entity-uuid="26565d0d-8620-4963-8707-7be7c85e842f" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Become a patent examiner"><span class="TextRun Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">visit our recruitment website</span></a><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US"> and apply.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">To set our new examiners up for success, the USPTO delivered approximately 423,400 hours of onboarding education in FY 2023. We are also adjusting that education and reimagining the way our Patent Training Academy works, with the goal of keeping examiners more engaged, more connected to our mission, and ultimately more likely to stay in their jobs for years to come.&nbsp;</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">The USPTO is also bringing more tools to examiners, including the use of artificial intelligence (AI) to streamline their processes. More Like This Document, released in October 2021, lets examiners find documents during patent examinations that are similar to those they previously found useful. Similarity Search, released in September 2022, provides examiners a list of domestic and foreign patent documents similar to the patent application being searched, which can significantly speed up the examination process.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">The USPTO also recognizes that optimizing workflow plays a key role in reducing our inventory of unexamined patent applications. Not only are we overhauling our approach to timing and routing, </span><span class="TextRun SCXW34527012 BCX8 NormalTextRun ContextualSpellingAndGrammarErrorV2Themed" lang="EN-US">we</span><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US"> are also making great strides in improving the classification process and exploring the use of AI to get the correct application to the examiner with the relevant expertise.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">And, for the first time ever, the USPTO established a research and development unit within Patents to test various new processes before launching them across the entire examining corps. Moving forward, we will have real data to understand how process changes impact quality as well as examining time and pendency. We will also have key data to facilitate discussions between management and the unions so we can be more agile and effective.&nbsp;</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">While the USPTO works to bring pendency down, we have received great feedback from entrepreneurs and others who have applied for speedier consideration of patent applications, sometimes obtaining a patent grant within a year. To help accelerate the application process, we offer free </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/about-us/news-updates/uspto-establishes-new-pre-application-assessment-program-help-american" data-entity-type="node" data-entity-uuid="80f4d434-afa8-481e-bb00-e0b35954ad7f" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="USPTO establishes new pre-application assessment program to help American inventors"><span class="TextRun Highlight Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">pre-application assessments</span></a><span class="TextRun Highlight SCXW34527012 BCX8 NormalTextRun" lang="EN-US"> and free </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/about-us/news-updates/uspto-extends-successful-pilot-program-helping-first-time-patent-filers" data-entity-type="node" data-entity-uuid="eff5c0d2-52b5-4161-a460-edb7e98d4e5c" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="USPTO extends successful pilot program helping first-time patent filers "><span class="TextRun Highlight Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">expedited consideration</span></a><span class="TextRun Highlight SCXW34527012 BCX8 NormalTextRun" lang="EN-US"> for first-time filers. We also offer expedited processing, at no additional fee, in priority areas such as </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/about-us/news-updates/uspto-announces-semiconductor-technology-pilot-program-support-chips-america" data-entity-type="node" data-entity-uuid="a4e1d8d9-c906-460c-a400-1e758a3ea740" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="USPTO announces Semiconductor Technology Pilot Program in support of CHIPS for America Program"><span class="TextRun Highlight Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">semiconductors</span></a><span class="TextRun Highlight SCXW34527012 BCX8 NormalTextRun" lang="EN-US">, </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/blog/working-globally-to-address-climate" data-entity-type="node" data-entity-uuid="0ab686f6-ac7f-407d-a6e0-abd4d51008c6" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Working globally to address climate change through sustainable innovation"><span class="TextRun Highlight Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">green technologies</span></a><span class="TextRun Highlight SCXW34527012 BCX8 NormalTextRun" lang="EN-US">, and </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/patents/initiatives/patent-application-initiatives/cancer-moonshot-expedited-examination" data-entity-type="node" data-entity-uuid="8adf4e89-6327-439d-9416-5ba531efb5d8" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Cancer Moonshot Expedited Examination Pilot Program"><span class="TextRun Highlight Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">cancer treatment and prevention</span></a><span class="TextRun Highlight SCXW34527012 BCX8 NormalTextRun" lang="EN-US">, </span><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">and we offer expedited examination outside those areas for a </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/patents/initiatives/usptos-prioritized-patent-examination-program" data-entity-type="node" data-entity-uuid="bbdb2492-89c1-400e-bf83-4cb69043b0d2" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="USPTO's Prioritized Patent Examination Program"><span class="TextRun Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">fee</span></a><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">As of March 2024, Patent Term Adjustment (PTA) compliance for pending applications was 80%, matching the goal. For the remaining inventory, it was 81%, also matching the goal. Complying with PTA, which extends the life of a U.S. patent to compensate for delays caused by the USPTO during the prosecution of a patent application, not only decreases pendency, but also avoids extending the 20-year terms of issued patents, so the covered invention enters the public domain when intended.</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW34527012 BCX8"><p class="Paragraph SCXW34527012 BCX8"><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">The average time between filing a patent application and the first office action was 20.2 months in April 2024, reflecting a gradual decrease over many months (as shown on our </span><a class="Hyperlink SCXW34527012 BCX8" href="https://www.uspto.gov/dashboard/patents/pendency.html" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW34527012 BCX8 NormalTextRun" lang="EN-US">patent pendency dashboard</span></a><span class="TextRun SCXW34527012 BCX8 NormalTextRun" lang="EN-US">).</span><span class="EOP SCXW34527012 BCX8">&nbsp;</span></p><h2><span class="EOP SCXW34527012 BCX8">Trademarks</span></h2><div class="OutlineElement Ltr SCXW101584591 BCX8"><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">In response to our trademark application inventory boom in FY 2021 and 2022, we increased our hiring goal and took steps to reduce inventory. </span><span class="TextRun SCXW101584591 BCX8 NormalTextRun ContextualSpellingAndGrammarErrorV2Themed" lang="EN-US">Then, in</span><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US"> FY 2023, we conducted a top-down, bottom-up, inside-out analysis of how much additional measures could reduce trademark pendency while maintaining quality and improving the employee experience. The development of these measures was a collaborative effort with our employee unions and today, six months into this comprehensive pendency reduction plan, we are seeing promising results.&nbsp;</span><span class="EOP SCXW101584591 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW101584591 BCX8"><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">One of the biggest factors in reducing total trademark pendency is reducing first action pendency. The faster we can examine a new application, the more quickly we can get it to resolution. In FY 2023, average annual trademark first action pendency was 8.5 months. This was expected but not where we wanted to be. Near the end of calendar year 2023, we made three key changes:</span><span class="EOP SCXW101584591 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW101584591 BCX8"><ol><li><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">Added information technology (IT) development resources to more efficiently address needed fixes and make improvements in our internal examination system</span></p></li><li><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">Shifted the exceptional office action standard (a measure indicating the comprehensive quality of an office action) from first action to final action, thereby focusing on more concise first actions with a continued emphasis on compliance in proper decision-making</span></p></li><li><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">Introduced new individual and group incentives for first action productivity for examining attorneys</span></p></li></ol></div><div class="OutlineElement Ltr SCXW101584591 BCX8"><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">The USPTO made these changes on top of hiring additional trademark examining attorneys and staff, finding opportunities to increase efficiency, and launching a new training academy. In FY 2023, the agency hired 85 trademark examining attorneys who received nine months of introductory training (cumulatively approximately 28,900 hours). Two classes graduated in FY 2023, the academy’s first full year. Two more classes are going through training now, including a group of experienced trademark examiners who recently returned to the agency. This fiscal year, the USPTO anticipates hiring approximately 56 trademark examining attorneys. If you are interested in becoming a trademark examining attorney or returning to the agency as one, or if you know someone who might be interested, look for job vacancy announcements in the coming months.</span><span class="EOP SCXW101584591 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW101584591 BCX8"><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">Also, in June 2023 we began shifting fraud-related work to our Register Protection Office so examiners could focus on reviewing applications.</span><span class="EOP SCXW101584591 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW101584591 BCX8"><p class="Paragraph SCXW101584591 BCX8"><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US">As a result of these measures and the great work of our Trademarks organization, average annual first action pendency has decreased to 7.85 months and is dropping, despite a healthy level of new filings (through April 2024, our new trademark application filings were approximately 3% higher than the first seven months of 2023). In addition, our unexamined inventory has been reduced by more than 70,000 classes so </span><span class="TextRun SCXW101584591 BCX8 NormalTextRun ContextualSpellingAndGrammarErrorV2Themed" lang="EN-US">far</span><span class="TextRun SCXW101584591 BCX8 NormalTextRun" lang="EN-US"> this fiscal year, a 13.5% decrease.</span><span class="EOP SCXW101584591 BCX8">&nbsp;</span></p><h2>IT</h2><div class="OutlineElement Ltr SCXW166696529 BCX8"><p class="Paragraph SCXW166696529 BCX8"><span class="TextRun SCXW166696529 BCX8 NormalTextRun" lang="EN-US">In addition to the IT-specific advances mentioned above, the USPTO is working across our business units—specifically Patents, Trademarks, and the Office of the Chief Information Officer—to improve the reliability and resiliency of our IT systems through upgrades, retirements, and migration to the cloud.&nbsp;</span><span class="EOP SCXW166696529 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW166696529 BCX8"><p class="Paragraph SCXW166696529 BCX8"><span class="TextRun SCXW166696529 BCX8 NormalTextRun" lang="EN-US">We recently completed the retirement of the decades-old Trademark Reporting and Monitoring (TRAM) system on May 31. Retiring older IT infrastructure such as TRAM sets the stage for providing new, more stable and secure trademark systems in the future. With TRAM behind us, our teams can now focus on tools such as TM Exam and modernize other systems to further support pendency efforts.</span><span class="EOP SCXW166696529 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW166696529 BCX8"><p class="Paragraph SCXW166696529 BCX8"><span class="TextRun SCXW166696529 BCX8 NormalTextRun" lang="EN-US">This follows the successful retirement in 2023 of our patent-related systems EFS-Web and Private PAIR, with roughly 98% of patent filings now using the modernized Patent Center. Patent Center provides a one-stop shop for our patents customers for filing and managing their applications. In addition, in January 2024, we took the next step in the transition to DOCX filing. Using DOCX filing instead of the outdated PDF method will: provide a more streamlined process for applicants; enable the USPTO to harmonize examination processes across international borders; and strengthen our ability to examine applications quickly and effectively, including by providing patent customers with pre-prosecution checks so they can correct errors or missing information in their application before an examiner takes a first look.</span><span class="EOP SCXW166696529 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW166696529 BCX8"><p class="Paragraph SCXW166696529 BCX8"><span class="TextRun SCXW166696529 BCX8 NormalTextRun" lang="EN-US">Across the USPTO, we are also migrating our systems to the cloud. More than 10 critical systems throughout our agency now run in the cloud, which ensures they run more smoothly and securely. Moving systems to the cloud also enables us to retire other legacy systems or modernize them as we adapt to new demands. With the cloud, IT systems scale more easily and recover more quickly.&nbsp;</span><span class="EOP SCXW166696529 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW166696529 BCX8"><p class="Paragraph SCXW166696529 BCX8"><span class="TextRun SCXW166696529 BCX8 NormalTextRun" lang="EN-US">Our teams are also using new engineering practices, and new tools and services, to increase the resiliency of our products and services. In addition, we are reviewing our internal IT workstreams to improve efficiency and ensure those products and services are safe and reliable.</span><span class="EOP SCXW166696529 BCX8">&nbsp;</span></p><h2><span class="EOP SCXW166696529 BCX8">Your role in pendency</span></h2><div class="OutlineElement Ltr SCXW78289547 BCX8"><p class="Paragraph SCXW78289547 BCX8"><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">Like other USPTO initiatives, reducing pendency requires stakeholder participation. You can avoid unnecessary delays by using the USPTO’s suite of tools and platforms. For example, following the guidance at USPTO.gov will, on average, result in patent applications being processed more quickly. There are also answers to hundreds of frequently asked questions for those filing patent and trademark applications. You can browse these questions and answers by topic and search them by keyword. You can also speak with a </span><a class="Hyperlink SCXW78289547 BCX8" href="https://www.uspto.gov/patents/contact-patents" data-entity-type="node" data-entity-uuid="b359bb5a-ce2b-4c5b-942e-bd27ee466a78" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Contact Patents"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">patent</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US"> or </span><a class="Hyperlink SCXW78289547 BCX8" href="https://www.uspto.gov/trademarks/contact-trademarks" data-entity-type="node" data-entity-uuid="ae8794ef-9881-4163-91bb-98837f4c7ec0" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Contact Trademarks"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">trademark</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US"> expert.&nbsp;</span><span class="EOP SCXW78289547 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW78289547 BCX8"><p class="Paragraph SCXW78289547 BCX8"><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">To avoid unnecessary delays, trademark applicants can follow our </span><a class="Hyperlink SCXW78289547 BCX8" href="https://www.uspto.gov/node/196716" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">trademark filing t</span></a><a class="Hyperlink SCXW78289547 BCX8" href="https://www.uspto.gov/trademarks/apply/avoid-processing-delays" data-entity-type="node" data-entity-uuid="2a89cdb1-4fbc-455c-9100-9a53331f0c5e" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Avoid processing delays with your trademark filings"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">ips</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">; fill out all data fields in electronic filings; and communicate with their assigned examiner by phone and email for routine issues, many of which can be resolved quickly through informal communication. Trademark filers can also use the </span><a class="Hyperlink SCXW78289547 BCX8" href="https://tmidm.uspto.gov/id-master-list-public.html" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">Trademark ID Manual</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US"> to identify the ways in which they plan to use their trademark by linking to specific, pre-approved descriptions of &nbsp;goods and services. By using these descriptions, the USPTO’s review can move more quickly. And on July 1 the USPTO launched a </span><a href="https://www.uspto.gov/trademarks/apply/trademark-center" data-entity-type="node" data-entity-uuid="163a89f9-49ea-4b52-b576-36d4d02ffc2c" data-entity-substitution="canonical" title="Trademark Center beta is here"><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">public beta version of Trademark Center</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">, a unified platform where users can search, file, and eventually track all aspects of their trademark filings.</span><span class="EOP SCXW78289547 BCX8">&nbsp;</span></p></div><div class="OutlineElement Ltr SCXW78289547 BCX8"><p class="Paragraph SCXW78289547 BCX8"><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">Patent applicants can also obtain real-time feedback on their submission by uploading their DOCX documents in </span><a class="Hyperlink SCXW78289547 BCX8" href="https://patentcenter.uspto.gov/" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">Patent Center</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">. The feedback document applicants receive can help prevent unnecessary delays in processing and examination by highlighting certain issues in the application prior to filing (see </span><a class="Hyperlink SCXW78289547 BCX8" href="https://view.officeapps.live.com/op/view.aspx?src=https%3A%2F%2Fwww.uspto.gov%2Fsites%2Fdefault%2Ffiles%2Fdocuments%2FDOCX%2520Feedback%2520Errors%2520and%2520Warnings.xlsx&amp;wdOrigin=BROWSELINK" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">common warnings and errors</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">). To preview the feedback document prior to filing an application, customers can use the Patent Center </span><a class="Hyperlink SCXW78289547 BCX8" href="https://patentcenter.uspto.gov/?trainingMode=1" target="_blank" rel="noreferrer noopener"><span class="TextRun Underlined SCXW78289547 BCX8 NormalTextRun" lang="EN-US">training mode</span></a><span class="TextRun SCXW78289547 BCX8 NormalTextRun" lang="EN-US">.&nbsp;</span><span class="EOP SCXW78289547 BCX8">&nbsp;</span></p><h2><span class="EOP SCXW78289547 BCX8">Summary</span></h2><p><span class="TextRun SCXW225759161 BCX8 NormalTextRun" lang="EN-US">Overall, through data, surveys, employee feedback and business innovation, we are seeing concrete results from our actions. This is the result of great work by the USPTO’s approximately 13,400 employees, including the invaluable contributions of our support staff, and by engaged and supportive stakeholders like you. If you have ideas for ways to help us further reduce pendency, please </span><a class="Hyperlink SCXW225759161 BCX8" href="https://www.uspto.gov/about-us/engage-director" data-entity-type="node" data-entity-uuid="c3eed623-c760-4e90-9512-8ff2306b87c2" data-entity-substitution="canonical" target="_blank" rel="noreferrer noopener" title="Engage with the Director"><span class="TextRun Underlined SCXW225759161 BCX8 NormalTextRun" lang="EN-US">share them with us</span></a><span class="TextRun SCXW225759161 BCX8 NormalTextRun" lang="EN-US">.</span><span class="EOP SCXW225759161 BCX8">&nbsp;</span></p></div></div></div></div></div></div></div> </div>

5. Discussing examiner hiring with Commissioner for Patents Vaishali Udupa

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/20240410_patents_010.jpg" alt="Commissioner for Patents Vaishali Udupa and TC Director Kiesha Bryant at a table having a conversation" /> </div> </article> <p>Kiesha Bryant (left), a USPTO hiring director, and Commissioner for Patents Vaishali Udupa. (Photo by Jay Premack/USPTO)</p> <p>At the USPTO headquarters in Alexandria, Virginia, Commissioner for Patents Vaishali Udupa recently sat down with Kiesha Bryant, Director of Technology Center 3700 (mechanical engineering, manufacturing, gaming, and medical devices/processes) and a hiring director at the agency, to discuss the hiring of patent examiners.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>The USPTO plans to hire at least 800 patent examiners by the end of this fiscal year on September 30. To learn more about the hiring process itself, visit&nbsp;our <a href="/ /node/209010">Become a patent examiner page</a>. (This Q&amp;A has been edited for brevity)</p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/udupa-bryant_portraits.jpg" alt="Side by side portraits of Commissioner for Patents Vaishali Udupa and TC Director Kiesha Bryant" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p><i><span>Commissioner for Patents Vaishali Udupa and Director of Technology Center 3700 Kiesha Bryant</span></i></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><h3><span>Ms. Bryant to Commissioner Udupa: What’s the USPTO’s strategy for hiring talented professionals who work here for many years?</span></h3><p><span><strong>Udupa:</strong> We want to continue acquiring top-level talent from a variety of scientific and technological backgrounds, as well as in architecture, art, photography, and industrial design. We’re seeking people who have an inquisitive mind. There's no specific intellectual property (IP) background necessary – we'll train you. During the examiner's first four months, they attend our training academy, and for the next eight months they will take on-demand classes while being coached by highly experienced examiners. After the first year, there's ongoing training as they continue to become fully integrated into the agency.&nbsp;</span></p><p><span>I have been working in IP for nearly a quarter-century. Early on, I had a lot of interactions with examiners, and I remain very impressed. It’s an amazing, intellectual, dedicated, and adaptive group, with a strong background in science and technology.</span></p><p><span>I’ve talked to so many people who have been working here for 20 years or more, some for even 40 years. People stay because they love the agency, the people they work with, and the work they do.</span></p><h3><span>Udupa to Bryant: In what ways are you working to acquire talent from across the country?</span></h3><p><span><strong>Bryant:&nbsp;</strong>There are qualified scientists and engineers – and people pursuing careers in these fields – all across the country. We've learned that some candidates may not be getting enough attention, because they’re not from the big schools.&nbsp;</span></p><p><span>Now, we’re focusing more effort on smaller schools. We’ve more than doubled the number of college career fairs we visit to 75-80 each recruiting season. We’re hiring dedicated employees, who are excited to have the ability to achieve work-life balance while still living in their hometowns.</span></p><p><span>During our conversations with potential job candidates, we’re promoting all the benefits of working here. For instance, employees are eligible for financial bonuses based on individual performance alone. And promotions can be achieved without going through a competitive hiring process.</span></p><h3><span>Udupa to Bryant: How is the USPTO engaging with historically Black colleges and universities?</span></h3><p><span><strong>Bryant:&nbsp;</strong>Over the last couple of years, we’ve increased our focus on attending career fairs at HBCUs and minority-serving institutions. When we visit these campuses, we explain how their students’ talents would benefit our agency</span>.</p><p><span>There are also minority-based conferences that we may not have been able to attend in the past. We’re attending these now, and we’re working with the USPTO’s affinity groups to make lasting connections with minority-based institutions. We’re seeing an increase in people applying, and they’re asking us to return to their campuses.&nbsp;</span></p><h3><span>Bryant to Udupa: How did you first encounter the USPTO?</span></h3><p><span><strong>Udupa:</strong> In 1996, the USPTO recruited at the University of Virginia, and I was lucky enough to get an interview. This was my first exposure to the agency, which opened my eyes to the amazing career opportunities at the USPTO.&nbsp;</span></p><p><span>You have to be a U.S. citizen to work at the USPTO, and at the time I was ineligible to apply because I was born in Canada and still had my Canadian citizenship. I later obtained my U.S. citizenship, and after finishing law school I did patent-related work at a couple of law firms. I later moved to Hewlett-Packard. Then, I got this great opportunity to join the USPTO as the Commissioner for Patents. People come here to make sure innovation is protected, which helps our economy and national security, and creates jobs.</span></p><h3><span>Udupa to Bryant: When should people apply?</span></h3><p><span><strong>Bryant:</strong> Now. The job announcement is always open. And we hire and interview candidates as early as nine months before their college graduation.</span></p><p><span>We have&nbsp;</span><a href="https://www.uspto.gov/jobs/whats-it-patent-examiner"><span>virtual office hours</span></a><span> on Wednesdays at noon ET with our hiring managers, to give candidates the opportunity to ask questions in real-time about what the job entails. Then, for information on the status of a job application, an applicant can&nbsp;</span><a href="mailto:recruitment@uspto.gov"><span>contact</span></a><span> Human Resources (HR) directly.</span></p><h3><span>Bryant to Udupa:&nbsp;What’s it like to telework, with flexible schedules?</span></h3><p><span><strong>Udupa:</strong> Telework and flexible work schedules are great benefits. Whether you want to come into the office or you want to work remotely from home – whether that’s in Alexandria, Virginia, or some rural area, by the beach, or up in the mountains – you can do that. We give you the equipment to work from wherever you want in the United States.&nbsp;</span></p><p><span>I have this great job, but I also have a family and other responsibilities. For example, my kids play sports, and I love to attend their events. Employees have the flexibility to work when it’s convenient, as long as they make sure they meet their productivity requirements.</span></p><h3><span>Bryant to Udupa: For a new examiner, why is this a great place to work?&nbsp;</span></h3><p><span><strong>Udupa:</strong> Just imagine that every day, you receive a patent application on your desk that might be the newest, greatest thing. You get to witness that, be part of that, and help that innovation get protection.</span></p><p><span><strong>Bryant:</strong> I completely agree. Thanks again for taking the time to meet with me.<strong>&nbsp;</strong></span></p><p class="text-align-center"><i><span>To apply to be a patent examiner, go to&nbsp;</span></i><a href="https://www.usajobs.gov"><i><span>usajobs.gov</span></i></a><i><span>.</span></i></p></div> </div>

6. Coming to a community near you: the future of USPTO outreach

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/CESbooth2024.jpg" alt="USPTO staff interacting with attendees at CES 2024" /> </div> </article> <p>USPTO staff share resources with attendees at CES in January 2024. (Photo by Jay Premack/USPTO)</p> <p>Since I began my tenure over two years ago, the USPTO has worked feverishly to increase American innovation and entrepreneurship.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>&nbsp;As part of our efforts, we have expanded our footprint so we can better serve every community across the nation.&nbsp;As I </span><a href="https://www.uspto.gov/subscription-center/2023/unleashing-american-innovators-act-promoting-inclusive-innovation-under" data-entity-type="node" data-entity-uuid="a954299c-7be1-4e5b-8312-18a61361c3e3" data-entity-substitution="canonical" title="The Unleashing American Innovators Act: Promoting inclusive innovation under the new law"><span>shared</span></a><span>&nbsp;in January of 2023, the Unleashing American Innovators Act of 2022 (UAIA) aligns with and supports these efforts, providing additional momentum for us to make lasting, sustainable change.&nbsp;</span></p><p><span>I am excited to report that we have made real progress, with more to come.&nbsp;</span><span class="bumpedfont17">I am pleased to announce (1)&nbsp;progress&nbsp;on&nbsp;our </span><a href="https://www.uspto.gov/about-us/news-updates/atlanta-new-hampshire-county-selected-new-uspto-outreach-office-locations" data-entity-type="node" data-entity-uuid="c76f5523-f107-4557-9517-8c850d92de81" data-entity-substitution="canonical" title="Atlanta; New Hampshire county selected for new USPTO outreach office locations"><span class="bumpedfont17">plans to open</span></a><span class="bumpedfont17">&nbsp;a&nbsp;regional&nbsp;outreach office in Atlanta, Georgia and&nbsp;a community outreach office in&nbsp;Strafford County, New Hampshire, (2) new leadership at&nbsp;our&nbsp;Midwest Regional&nbsp;Outreach&nbsp;Office&nbsp;in Detroit, (3) updates to our </span><a href="https://www.uspto.gov/initiatives/ci2/ip-champions" data-entity-type="node" data-entity-uuid="5d63678f-4c21-4a90-b06a-6704babcb325" data-entity-substitution="canonical" title="Intellectual Property (IP) Champions: Connecting USPTO employees with their communities"><span class="bumpedfont17">Intellectual Property (IP) Champions</span></a><span class="bumpedfont17"> program and&nbsp;resources located at&nbsp;local libraries and schools, and (4) updates on the establishment of our&nbsp;Office of Public Engagement&nbsp;(OPE) that will support and coordinate our outreach efforts. Please see below for more details.&nbsp;</span></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><h3><span>New mapping and outreach offices&nbsp;</span></h3><p><span>With the addition of a new regional outreach office in Atlanta (more on that shortly), we&nbsp;are reshaping the regions each office will serve. The changes, which will be effective upon the opening of the Atlanta office, are as follows:</span><br>&nbsp;</p><ul type="disc"><li><span>Our Northeast Regional Outreach Office (located in Alexandria, VA) will serve outreach for&nbsp;Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia.&nbsp;</span></li><li><span>Our Midwest Elijah J. McCoy Regional Outreach Office in Detroit, Michigan will serve&nbsp;Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Ohio, and Wisconsin.&nbsp;</span></li><li><span>Our Southwest Regional Outreach Office located in Dallas, Texas will serve&nbsp;Arkansas, Kansas, Louisiana, Missouri, New Mexico, Oklahoma, and Texas.&nbsp;</span></li><li><span>Our Rocky Mountain Regional Outreach Office, located in Denver, Colorado will serve Colorado, Idaho, Montana, Nebraska, North Dakota, South Dakota, Utah, and Wyoming.</span></li><li><span>Our&nbsp;Western Regional Outreach Office located in San Jose, California will serve&nbsp;California, Nevada, Oregon, Washington, Arizona, Alaska, and Hawaii.&nbsp;</span></li></ul></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/Regions-map-with-pins-2024-alt.jpg" alt="Regional office map with pins" /> </div> </article> </div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>We are making progress on our&nbsp;</span><a href="https://www.uspto.gov/about-us/news-updates/atlanta-new-hampshire-county-selected-new-uspto-outreach-office-locations" data-entity-type="node" data-entity-uuid="c76f5523-f107-4557-9517-8c850d92de81" data-entity-substitution="canonical" title="Atlanta; New Hampshire county selected for new USPTO outreach office locations"><span>plans to open</span></a><span> a regional outreach office in Atlanta, Georgia to serve the southeast region of the United States, as well as the first community outreach office in Strafford County, New Hampshire, serving innovators and entrepreneurs in the northern New England region. Our new regional and community outreach offices will serve as extensions of the agency’s outreach operations by providing important resources and services directly to local inventors and entrepreneurs, including those from underserved areas or communities, and by collaborating with community organizations and local professional groups to enhance the reach of our IP awareness and education programs. Our regional outreach offices will continue to serve as hubs for education and outreach as well as playing a key role in employee engagement and connecting our national remote workforce to one another. Our new community outreach office will provide intensive support and resources in a narrow geographic region&nbsp;to boost innovation and entrepreneurship, especially to underserved communities.</span></p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/new_office_announcement_graphic.png" alt="Graphic with skylines of new offices in Atlanta and Strafford County, New Hampshire" /> </div> </article> </div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>The new regional outreach office in Atlanta, which will serve&nbsp;Alabama, Florida, Georgia, Mississippi, North Carolina, Puerto Rico, South Carolina, and Tennessee, is expected to be fully opened and operational by December 2025. We are currently&nbsp;taking important steps to locate space and to hire the Regional Outreach Office Director. If you’re interested in the position, and the opportunity to serve and grow the nearly 24,000 patent owners and more than 160,000 trademark owners fueling local economies in the southeast region, </span><a href="https://www.usajobs.gov/job/793390000"><span>apply by July 29</span></a><span>.</span></p><p><span>We are also in the process of locating space for our Strafford County, New Hampshire office and have posted a job announcement for the leader of that office as well. To serve and grow the more than 10,000 patent owners and almost 30,000 trademark owners in New Hampshire and surrounding states, </span><a href="https://www.usajobs.gov/job/793381900"><span>apply by July 22</span></a><span>.&nbsp;</span></p><h3><span>New leadership of Midwest Elijah J. McCoy Regional Outreach Office</span></h3><p><span>I am also excited that long-time USPTO executive </span><a href="https://www.uspto.gov/about-us/news-updates/derris-banks-appointed-regional-director-usptos-elijah-j-mccoy-midwest" data-entity-type="node" data-entity-uuid="3ccbb0a6-9234-4d37-bf1f-8bc0b629fd19" data-entity-substitution="canonical" title="Derris Banks appointed regional director of USPTO’s Elijah J. McCoy Midwest Regional Office"><span>Derris Banks&nbsp;was chosen</span></a><span> to lead our Midwest Regional Outreach Office&nbsp;in Detroit. Derris officially began his new role on June 2 and is responsible for leading our outreach efforts in the Midwest area, serving IP owners and connecting more students, educators, inventors, small businesses, incubators, community colleges and four-year universities, and more with important resources.</span></p><h3><span>Patent and Trademark Resource Centers and IP Champions</span></h3><p><span>Our work to extend our IP resources in communities extends beyond our offices and into local libraries and schools. In addition to launching our&nbsp;</span><a href="https://www.uspto.gov/initiatives/ci2/ip-champions" data-entity-type="node" data-entity-uuid="5d63678f-4c21-4a90-b06a-6704babcb325" data-entity-substitution="canonical" title="Intellectual Property (IP) Champions: Connecting USPTO employees with their communities"><span>IP Champions program</span></a><span>, we have made a concerted effort to expand our network of our 90+&nbsp;</span><a href="https://www.uspto.gov/learning-and-resources/patent-trademark-resource-centers" data-entity-type="node" data-entity-uuid="453feae1-78d7-459d-9f3d-fb7ef85bae4f" data-entity-substitution="canonical" title="Patent and Trademark Resource Centers"><span>Patent and Trademark Resource Centers (PTRCs)</span></a><span>&nbsp;and are growing them at rapid pace in libraries in communities around the country, quadrupling the PTRCs at HBCUs and adding PTRCs in states not previously served.</span></p><p><span>To better help aspiring innovators and entrepreneurs connect with key resources, we have updated our web resources and&nbsp;</span><a href="https://www.uspto.gov/about-us/uspto-office-locations" data-entity-type="node" data-entity-uuid="a9d9a81b-a1c5-4c4b-86e8-5342cab43d7d" data-entity-substitution="canonical" title="USPTO locations"><span>Locations page</span></a><span> so those new to the innovation ecosystem can find USPTO-related services in their communities.</span></p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/Mapandsearchfunction.jpg" alt=" Searchable map of all USPTO locations" /> </div> </article> </div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><h3><span>Office of Public Engagement</span></h3><p><span>To ensure our regional outreach offices, new community outreach office, and other outreach efforts are properly coordinated to provide lasting, sustainable change and carry out the mission in our recently released&nbsp;</span><a href="https://www.uspto.gov/initiatives/equity/national-strategy-inclusive-innovation" data-entity-type="node" data-entity-uuid="2606ec69-36d7-4c5d-95a8-c8747ea3bf18" data-entity-substitution="canonical" title="National Strategy for Inclusive Innovation"><span>National Strategy for Inclusive Innovation</span></a><span> and the&nbsp;National Entrepreneurship Strategy, we established a brand-new business unit focused on public engagement –&nbsp;the Office of Public Engagement (OPE).&nbsp;</span></p><p><span>In addition to bringing together under one umbrella&nbsp;our regional and community outreach offices, we’ve also brought into OPE various outreach units formerly located in other business units, including&nbsp;our&nbsp;</span><a href="https://www.uspto.gov/initiatives/equity/ci2" data-entity-type="node" data-entity-uuid="d1b80b20-ffd5-4652-a474-dc14a7c60f8f" data-entity-substitution="canonical" title="Council for Inclusive Innovation (CI2)"><span>Council for Inclusive Innovation (CI²)</span></a><span>, IP Champions, and PTRCs to strengthen the impact of our outreach across our country.&nbsp;</span></p><p><span>As we move forward, we will continue to be guided by our&nbsp;</span><a href="https://www.uspto.gov/about-us/performance-and-planning/strategy-and-reporting" data-entity-type="node" data-entity-uuid="4b48bc8f-c7a9-44e9-bb0a-9c8c47939ad7" data-entity-substitution="canonical" title="USPTO Strategic Plan"><span>Strategic Plan</span></a><span> and input from you and those across the USPTO. And, don’t forget to visit our&nbsp;Events page or&nbsp;our&nbsp;</span><a href="https://www.uspto.gov/about-us/subscription-center" data-entity-type="node" data-entity-uuid="81b2813f-f203-4aaf-b6c5-0cf5006ce0d7" data-entity-substitution="canonical" title="Subscription Center"><span>Subscription Center</span></a><span> to sign up to receive information on USPTO events at our headquarters and throughout the country. It will take all of us to make the American dream a reality for all. Join us!</span></p></div> </div>

7. Intellectual property and entrepreneurship resources for the military community

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/macdill-fsts-w-kv.jpg" alt="USPTO Service to Success event in March 2023 at MacDill Air Force Base, Florida" /> </div> </article> <p>Did you know U.S. veteran-owned businesses generate $1 trillion annually, employing 3.6 million people? As part of President Biden’s commitment to veterans, military families, and caregivers, the Commerce Department’s U.S. Patent and Trademark Office (USPTO) is at the forefront of providing intellectual property (IP) and entrepreneurship guidance to service members on active duty, military spouses, National Guardsmen, Reservists, veterans, and military family members around the world.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>The&nbsp;</span><a href="https://www.uspto.gov/initiatives/entrepreneurship-resources-military-community"><span>From Service to Success program</span></a><span>&nbsp;is a multifaceted initiative that has rapidly expanded since it was launched in 2022 by Under Secretary of Commerce for Intellectual Property (IP) and USPTO Director&nbsp;</span><a href="https://www.uspto.gov/about-us/executive-biographies/kathi-vidal"><span>Kathi Vidal</span></a><span>. It’s a hallmark of an agency-wide effort to introduce more Americans to IP and entrepreneurship to the military community. As part of a national roadshow, the USPTO has held ten military-connected events over the past 18 months, attracting hundreds of participants virtually and in person. From Service to Success demonstrates how IP and entrepreneurship go hand in hand, especially for members of the larger global military community who all are:&nbsp;</span></p><ul type="disc"><li><span>A highly trained, educated, and motivated group with a track record of being productive and self-driven.</span></li><li><span>Live across the world – perfect for pursuing entrepreneurial endeavors that can be done virtually anywhere.</span></li><li><span>Set their hours around other obligations.</span></li><li><span>Have unique ideas worthy of protecting.</span></li></ul><p><span>From Service to Success recognizes the unique skills of these Americans and the challenges of deployments and other changes in their work and personal lives. Participants report benefiting from the program and frequently utilizing its resources.</span></p><p><span>Responding to a post about a recent event, one military entrepreneur wrote that what she learned “was great to know because I need to start the trademark process, and I am clueless.” Another wrote that she “had no idea that the USPTO offers resources that can assist the military. So helpful.”</span></p><p><span>Speaking on April 22 at the&nbsp;</span><a href="https://www.commerce.gov/news/blog/2023/07/supporting-our-military-community"><span>USPTO’s Military Entrepreneurship Summit</span></a><span>&nbsp;in Alexandria, Virginia, Commerce Secretary Gina Raimondo told participants, &nbsp;“Military families face additional obstacles to starting businesses, and the Commerce Department and Biden Administration are here to help you succeed.”</span></p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/srg-mil.jpg" alt="Secretary of Commerce Gina Raimondo with two Air Force service members at a USPTO Entrepreneurship Essentials event at Hanscom Air Force Base, Massachusetts" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p><i><span>Commerce Secretary Gina Raimondo (center) with two Air Force members at a USPTO Entrepreneurship Essentials event in July at Hanscom Air Force Base, Massachusetts. (Photo by Todd Maki/Hanscom AFB)</span></i></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>Earlier this month at Fort Buchanan, Puerto Rico, an Army veteran and business owner said he wished this valuable USPTO program had been around when he started his business.&nbsp;</span></p><p><a href="https://www.uspto.gov/about-us/events/entrepreneurship-essentials-military-community"><span>Entrepreneurship Essentials Roadshows</span></a><span>&nbsp;are part of the From Service to Success program and reflect the USPTO’s mission of inclusive innovation, meeting potential entrepreneurs and small business owners where they are with targeted programming. Roadshows visit military bases worldwide and help by:</span></p><ul type="disc"><li><span>Providing encouragement from military leadership.</span></li><li><span>Sharing tips from experts on obtaining funding, identifying markets, writing and executing business plans, and hearing from other entrepreneurs.</span></li><li><span>Offering practical information to protect valuable innovations.</span></li><li><span>Networking with other entrepreneurs.</span></li></ul><p><span>These roadshows reflect an all-of-government approach to foster and grow entrepreneurship in the military community, supporting President Biden’s&nbsp;</span><a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2023/06/09/executive-order-on-advancing-economic-security-for-military-and-veteran-spouses-military-caregivers-and-survivors/"><span>executive order</span></a><span>&nbsp;on advancing economic security for military and veteran families, caregivers, and survivors. Additionally, they leverage the resources provided by other Commerce agencies including the Minority Business Development Agency (MBDA), as well as those of the Department of Defense and Small Business Administration (SBA). Wherever you live, there’s a location to get IP and entrepreneurship guidance near you.</span></p><p><span>See the USPTO’s recently launched&nbsp;</span><a href="https://www.uspto.gov/about-us/uspto-office-locations"><span>resources map</span></a><span>&nbsp;for 100 locations across the country that provide inventors, entrepreneurs, and small businesses a USPTO presence in every U.S. time. In addition, see additional&nbsp;</span><a href="https://www.commerce.gov/work-us/services-businesses/resources-military-community"><span>Commerce Department resources</span></a><span>&nbsp;for the military community, SBA&nbsp;</span><a href="https://www.sba.gov/local-assistance/resource-partners/veterans-business-outreach-center-vboc-program#id-find-your-local-veterans-business-outreach-center"><span>Veterans Business Outreach Centers</span></a><span>, and MBDA&nbsp;</span><a href="https://www.mbda.gov/mbda-programs/business-centers"><span>Business Centers</span></a><span>&nbsp;for further assistance. To learn about how you can utilize these military-connected resources, visit From Service to Success’&nbsp;</span><a href="https://www.uspto.gov/initiatives/entrepreneurship-resources-military-community"><span>webpage</span></a><span>&nbsp;or&nbsp;</span><a href="mailto:militaryoutreach@uspto.gov"><span>email the USPTO.</span></a></p></div> </div>

8. Help us LEAP forward with PTAB assistance for practitioners and inventors

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/blog/leaptochambers682.jpg" alt="LEAP to chambers event at the USPTO" /> </div> </article> <p><i>LEAP-eligible practitioners speak with PTAB judges (in person and on screen) about logistics for oral hearings during a LEAP to Chambers event at a PTAB hearing room in Alexandria, Virginia.</i></p> <p>Since the moment I was sworn in as Director of this great agency two years ago, I have been guided by the conviction that we must open the doors of opportunity in the innovation community to everyone, not just a select few. Only when every inventor and entrepreneur has an equal chance to bring their new ideas and products to the global marketplace, on a level playing field, does our nation truly thrive.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>There are many things we have done at the USPTO to push those doors of opportunity wide open, but I want to highlight a few in particular that I need your help in sharing with others. Collectively, they make access to the Patent Trial and Appeal Board (PTAB) easier and more transparent than ever, for both legal practitioners and the inventors they represent.</p><p>First, we are eager to engage with the public on our <a href="https://www.federalregister.gov/documents/2024/02/21/2024-03523/expanding-opportunities-to-appear-before-the-patent-trial-and-appeal-board" target="_blank">proposed rule</a> to amend the criteria individuals must meet to practice before the PTAB. This rule will expand opportunities for more individuals to participate in our innovation ecosystem, while not compromising our goal of issuing and maintaining robust and reliable intellectual property rights. We encourage stakeholders to submit comments by May 21.</p><p>The next two programs are part of our continuing efforts, through the <a href="https://www.uspto.gov/patents/ptab/leap" target="_blank" data-entity-type="node" data-entity-uuid="cd435b46-52bc-422a-b00c-bfb109a4040b" data-entity-substitution="canonical" title="Legal Experience and Advancement Program (LEAP)">Legal Experience and Advancement Program</a> (LEAP), to empower the next generation of advocates and prepare them for meaningful, impactful work early in their careers.</p><p>“LEAP to Chambers” brings eligible practitioners to a USPTO hearing facility, where a PTAB judge will give them a behind-the-scenes tour. They will get a feel for the hearing room by standing behind the podium and testing out their openings. They will learn how to display evidence at a hearing, and they may sit at the bench and view the hearing room and evidence from the judges' vantage point. A remote judge also will join the tour to provide tips on how to most effectively argue before a hybrid panel of in-person and remote judges.</p><p>After the tour, judges spend time with practitioners highlighting effective advocacy techniques and answering questions. These conversations are a safe space for practitioners outside the context of a real argument or ongoing proceeding to seek clarification on PTAB procedures.</p><p>In “LEAP to Law Schools,” judges visit law schools and offer an overview of PTAB proceedings, including demonstration of a mock argument. By exposing law school students to PTAB so early in their legal careers, the USPTO encourages greater and more inclusive participation by law students in the intellectual property field and better equips them to practice before the USPTO.</p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/blog/leaparoundptab682.jpg" alt="Students participate in a LEAP around PTAB event" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p><i>Law students speak with PTAB judges in small groups during a LEAP to Law School event at Texas A&amp;M Law School in Fort Worth, Texas in October 2023.</i></p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>In addition to these two new programs, PTAB continues to offer LEAP-eligible practitioners the opportunity to present mock oral arguments and practice their advocacy skills before a panel of judges and receive individualized feedback.</p><p>Since LEAP launched more than three years ago, over 350 eligible practitioners and 135 law firms have participated. But we are still just getting started, and we need your help. Whether you are in-house or work for a large law firm, or anything in between, please share these free training opportunities widely within your professional networks, and encourage the next generation of practitioners to take full advantage of them.</p><p>We also recently launched a new PTAB Moot Court Competition for law students to develop and practice the written and oral advocacy skills needed for America Invents Act (AIA) proceedings. This free, fully virtual program is open to teams of students who will be enrolled in law school full-time or part-time during the 2024-2025 academic year. Students will get to work closely with an Administrative Patent Judge (APJ) coach, receive practical tips and experience on how to best present a case before the PTAB, and participate in live oral arguments before a panel of APJs. We encourage law school faculty members or administrators to visit the <a href="https://www.uspto.gov/patents/ptab/moot-court-competition" data-entity-type="node" data-entity-uuid="e6fa2703-ad52-4cfb-b1b7-ef212ca1d921" data-entity-substitution="canonical" title="PTAB Moot Court Competition">program webpage</a> for more information and submit an interest form by March 31.</p><p>Another opportunity we need your help in promoting is the <a href="https://www.uspto.gov/patents/basics/using-legal-services/pro-bono/patent-pro-bono-program" data-entity-type="node" data-entity-uuid="e887e4e7-cb07-4b1d-98c7-1342f880d0bf" data-entity-substitution="canonical" title="Patent Pro Bono Program: Free patent legal assistance">PTAB Pro Bono Program</a>, which serves under-resourced inventors seeking to appeal a patentability rejection by an examiner. We launched the program in 2022 in collaboration with the PTAB Bar Association, and since then, a number of licensed patent attorneys, registered to practice before the USPTO, have offered their free services to represent independent inventors, inventor groups, and inventor-owned small businesses in ex parte appeals. Where we need your help most is in promoting the program more widely within the inventor community.</p><p>To be eligible for PTAB pro bono assistance, an individual inventor must:</p><ul><li>Reside in the United States;</li><li>Have a total household income of less than 400% of the federal poverty guidelines;&nbsp;</li><li>Successfully complete a training course consisting of two videos, one on how PTAB Pro Bono operates and how to apply for assistance, and the other on the ex parte appeal process;</li><li>Apply to the program within one month from the date of an office action in which the claims have been twice or finally rejected; and</li><li>Not be under an obligation to assign (sell or give ownership of) the application or resulting patent to a third party.&nbsp;</li></ul><p>Inventors who are part of an inventor group of up to four known inventors must meet the qualifications listed above. Inventor-owned small businesses are eligible if they are 100% inventor-owned and if each inventor-owner meets the qualifications listed above. If the business was operating in the calendar year prior to the application for pro bono assistance, it must have had a total gross income of less than $150,000, and the business must expect/project a total gross income of less than $150,000 in the calendar year when the application for pro bono assistance is filed.</p><p>Please visit the <a href="https://www.uspto.gov/patents/ptab/leap" target="_blank" data-entity-type="node" data-entity-uuid="cd435b46-52bc-422a-b00c-bfb109a4040b" data-entity-substitution="canonical" title="Legal Experience and Advancement Program (LEAP)">LEAP</a> and <a href="https://www.uspto.gov/patents/ptab/free-legal-assistance" data-entity-type="node" data-entity-uuid="86a8944b-34ea-4cfc-9544-e990bc980bf9" data-entity-substitution="canonical" title="Patent Trial and Appeal Board Pro Bono Program for independent inventors ">PTAB Pro Bono</a> pages of the USPTO website for more information, share them with others, and feel free to contact me at <a href="mailto:Director@uspto.gov" target="_blank">Director@uspto.gov</a> if you can't find your answers there. I look forward to discussing these programs and more at the PTAB Bar Association Annual Conference on March 7.</p><p>Together, we can make a difference for the next generation of patent practitioners, the inventors they represent, and our nation's future!</p></div> </div>

9. AI and inventorship guidance: Incentivizing human ingenuity and investment in AI-assisted inventions

   <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/blog/ai_blog_graphic_682.jpg" alt="graphic representing artificial intelligence" /> </div> </article> <p>Today, based on the exceptional public feedback we’ve received, we announced our Inventorship Guidance for AI-Assisted Inventions in the Federal Register. The guidance, which is effective on February 13, 2024, provides instructions to examiners and stakeholders on how to determine whether the human contribution to an innovation is significant enough to qualify for a patent when artificial intelligence (AI) also contributed. The guidance embraces the use of AI in innovation and provides that AI-assisted inventions are not categorically unpatentable.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p><span>The </span><a href="https://www.federalregister.gov/documents/2024/02/13/2024-02623/inventorship-guidance-for-ai-assisted-inventions"><span>guidance</span></a><span> instructs examiners on how to determine the correct inventor(s) to be named in a patent or patent application for inventions created by humans with the assistance of one or more AI systems. Additionally, we’ve posted </span><a href="https://www.uspto.gov/initiatives/artificial-intelligence/artificial-intelligence-resources" data-entity-type="node" data-entity-uuid="473228c1-c0fe-4632-8933-6aad7ce9d441" data-entity-substitution="canonical" target="_blank" title="AI-related resources">specific examples</a><span> of hypothetical situations and how the guidance would apply to those situations to further assist our examiners and applicants in their understanding.</span></p><p><span>Bolstered by the </span><a class="ext" href="https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/" target="_blank" rel="noopener">Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence</a><span>, the Department of Commerce is taking the lead on providing a key framework that guides our nation’s approach to AI and its intersection with intellectual property (IP).&nbsp;</span></p><p><span>Included in the Executive Order (EO) were specific USPTO directives that enhance the great work our agency started last year, including:</span></p><ul><li>Providing guidance to our patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process, including illustrative examples in which AI systems play different roles in inventive processes and how, in each example, inventorship issues ought to be analyzed;</li><li>Issuing additional guidance to our patent examiners and applicants on patent eligibility to address innovation in AI and critical and emerging technologies and other considerations at the intersection of AI and IP; and</li><li>Consulting with the U.S. Copyright Office to issue recommendations to the President on potential executive actions relating to copyright and AI, including addressing the scope of protection for works produced using AI and the treatment of copyrighted works in AI training.</li></ul><p>The patent system was developed to incentivize and protect human ingenuity and the investments needed to translate that ingenuity into marketable products and solutions. The patent system also incentivizes the sharing of ideas and solutions so that others may build on them. The right balance must be struck between awarding patent protection to promote human ingenuity and investment for AI-assisted inventions while not unnecessarily locking up innovation for future developments.</p></div> </div> <div class="paragraph paragraph--type--pull-quote-text paragraph--view-mode--rss pull-quote-full"> <div class='pull-quote'> <div class='quote-text'> <div class="field field--name-field-pull-quote-text-blog field--type-string-long field--label-hidden field__item">The right balance must be struck between awarding patent protection to promote human ingenuity and investment for AI-assisted inventions while not unnecessarily locking up innovation for future developments.</div> </div> <div class='quote-attribution'> <div class="field field--name-field-blog-pull-quote-author field--type-string field--label-hidden field__item">Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO</div> </div> </div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>To that end, the guidance provides that patent protection may be sought for inventions in which a human provided a significant contribution to the invention. The guidance builds on the existing inventorship framework and the “significant contribution” test from the Federal Circuit's 1998 Pannu case (Pannu v. Iolab Corp., 155 F.3d 1344 (Fed. Cir. 1998)), which patent examiners have been applying for decades. Instead of considering whether or not the contributions of the AI system to an invention would rise to the same level of inventorship if those contributions were made by a human, the key question this guidance helps address is whether the human named on a patent made a significant enough contribution to be a named as an inventor. To secure patent protection, there must be at least one named human inventor who meets that requirement.</p><p>The specific examples we have provided help explain how the guidance will be applied. For example, they show that merely recognizing a problem and presenting that problem to an AI system is not enough to establish someone as an inventor. That said, if an individual made a significant contribution through the construction of a prompt, that could be sufficient. However, maintaining “intellectual domination” over an AI system, does not, without more, make a person an inventor of any inventions created through that AI system.&nbsp;</p><p>As AI becomes ubiquitous, including as people build on each other's AI-assisted inventions, it will become increasingly difficult to identify the ways in which AI plays a role in the inventive process. Therefore, the USPTO is not, at this time, implementing any new requirement to disclose the use of AI, beyond that which is required in rare circumstances by USPTO rules.</p><p>The USPTO will continue to presume that the named inventor(s) in an application are the actual inventor(s). And applicants will continue to be responsible for meeting their existing duties to the USPTO. Only in the rare instance where an examiner determines from the file record or extrinsic evidence that one or more of the named inventors may not have invented the claimed subject matter would questions of inventorship be raised during examination. From an examiner's perspective, it will not matter if AI, or other advanced computer system, performed actions that would rise to the level of inventorship. What matters, under the guidance, is whether at least one human's actions can be shown to rise to the level of inventorship and is listed as an inventor on the application.</p><p>This guidance does not entitle inventors to a patent. The patents must also meet all the other criteria for patentability including patent eligibility, novelty and nonobviousness. The USPTO is also assessing these other criteria in view of AI.</p><p>Lastly, because the patent system is built to encourage the sharing of ideas and solutions so that others may build on them, the guidance does not take into consideration whether any intellectual property was utilized in the training of any AI systems used as part of the inventive process. A patent only gives the applicant exclusive rights to their invention, and does not give the applicant the right to use someone else's invention. For example, when an applicant invents on top of another patent, it is up to the applicant to secure whatever other IP rights they need to use their invention.</p><p>To learn more about what the guidance is and is not, and to get your questions answered and provide feedback, we invite you to attend our upcoming public <a href="https://www.uspto.gov/about-us/events/inventorship-guidance-ai-assisted-inventions-webinar" data-entity-type="node" data-entity-uuid="ebb1cac1-633e-4e2b-9f23-2a94aa0ce2fe" data-entity-substitution="canonical" title="Inventorship guidance for AI-assisted inventions webinar">webinar</a> on March 5 from 1-2 p.m. ET.</p><p>The USPTO will also be engaging with its international counterparts to discuss the inventorship guidance and the future of patenting AI-assisted inventions with the aim of harmonizing AI policy across borders. The USPTO is taking an iterative approach with the guidance so we will continue to engage with stakeholders, both here and abroad, to determine if any updates or additional guidance is needed. To provide your feedback by the May 13, 2024 deadline, visit the <a href="https://www.federalregister.gov/public-inspection/2024-02623/guidance-inventorship-guidance-on-ai-assisted-inventions" target="_blank">Federal Register</a>.</p><p>In addition to providing the inventorship guidance, we have also been working on guidance related to other AI and emerging technology IP policy matters. We have issued <a href="https://www.uspto.gov/sites/default/files/documents/directorguidance-aiuse-legalproceedings.pdf" data-entity-type="media" data-entity-uuid="c502dabe-2a50-4f38-bed5-589675661f22" data-entity-substitution="media" title="directorguidance-aiuse-legalproceedings.pdf">guidance for practitioners using AI when practicing before the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB)</a>. We are working on additional guidance for practitioners using AI, as well as updating patent eligibility guidance relating to AI inventions, and will be seeking public input on the way in which AI impacts other aspects of patentability.&nbsp;</p><p>I also want to thank all of you who provided comments to the <a href="https://www.copyright.gov/newsnet/2023/1017.html" target="_blank">Copyright Office's Notice of Inquiry (NOI) related to the intersection of AI and copyright</a>. In consultation with the Copyright Office, the USPTO is working to help inform U.S. policy on these issues. The underlying principles supporting the copyright system and the patent system – while both encouraging and incentivizing creativity – are a little different, with copyright protection providing exclusive rights to the creator of the original work of authorship and works that derive from that original (subject to exceptions such as fair use), while the patent system provides protection to different inventors for their inventions that build off or improve an original work.</p><p>We will be further exploring these issues and more at a <a href="https://www.uspto.gov/about-us/events/public-symposium-ai-and-ip" data-entity-type="node" data-entity-uuid="65039a81-742b-4ea7-b891-9aac52097cd4" data-entity-substitution="canonical" title="Public Symposium on AI and IP">public symposium on IP and AI</a> at Loyola Law School in Los Angeles, on March 27 (both in person and remotely). The symposium – which will include representation from the Copyright Office – will build on previous AI/Emerging Technologies (ET) partnership events and feature panel discussions by experts in the field of patent, trademark, and copyright law that focus on (1) a comparison of copyright and patent law approaches to the type and level of human contribution needed to satisfy authorship and inventorship requirements; (2) ongoing copyright litigation involving generative AI; and (3) a discussion of laws and policy considerations surrounding Name, Image, and Likeness (NIL) issues, including the intersection of NIL and generative AI.</p><p>While we play our role in shaping U.S. policy, including through engagements with the public and with Congress, we are also working internationally and across U.S. government to support the<a href="https://ai.gov/" target="_blank"> National AI Initiative</a> and other initiatives set forth in the EO. Recently, we partnered with the National Science Foundation on their <a href="https://new.nsf.gov/news/democratizing-future-ai-rd-nsf-launch-national-ai" target="_blank">National Artificial Intelligence Research Resource (NAIRR)</a> pilot, bringing together 10 federal agencies and 25 private sector, nonprofit, and philanthropic organizations to build a shared AI research infrastructure. We are also working closely with the National Institute of Standards and Technology (NIST) on ways to strengthen U.S. leadership and competitiveness in advancing technologies critical to the nation's economy and security. I look forward to further discussing our AI efforts over the course of the next few months, including with leaders and experts from across the world at this month's <a href="https://www.worldgovernmentsummit.org/events/2024" target="_blank">World Governments Summit on AI</a>.</p><p>We invite you to learn more about these events and initiatives on our <a href="https://www.uspto.gov/initiatives/artificial-intelligence/ai-and-emerging-technology-partnership-engagement-and-events" data-entity-type="node" data-entity-uuid="ae548982-2af7-4ef5-826f-a288fed826c9" data-entity-substitution="canonical" title="AI and Emerging Technology Partnership engagement and events">AI and ET Partnership page</a>. We look forward to working with all of you to further build AI policy to promote a safe and bright future for all Americans.&nbsp;</p></div> </div>

10. Support for protecting and enforcing your IP in China

    <article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/blog/chinaiproadshow682.jpg" alt="Director Vidal poses with two local entrepreneur and business owners at China IP roadshow event" /> </div> </article> <p><i>Director Vidal spoke with local entrepreneurs and business owners at the China IP Road Show in San Diego. The road show is one of several USPTO tools and programs for U.S. entities doing business in China.</i></p> <p>Since the start of my tenure as Director in spring 2022, protecting and enforcing intellectual property (IP) rights in China has been an essential part of our agency efforts to strengthen the global IP system. U.S. businesses operating in China regularly cite insufficient protection and enforcement of IP as a top concern, and the Office of the U.S. Trade Representative has placed China on its &quot;priority watch&quot; list for over a decade, detailing a long list of IP concerns reported by U.S. businesses operating in China.</p> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>I am committed to promoting a level playing field for U.S. rights holders in China and providing insight on the unique challenges they face. We are fortunate to have a USPTO team of attorneys and IP experts focused on China. The China team includes over a dozen stateside IP attorneys and <a href="https://www.uspto.gov/ip-policy/ip-attache-program/regions" data-entity-type="node" data-entity-uuid="4c7d5a58-e094-4901-bd82-9ad091372d28" data-entity-substitution="canonical" title="Find an attaché">three IP attachés</a> and legal staff in Beijing, Shanghai, and Guangzhou, China. These experts engage with other federal agencies, U.S. stakeholders, and their Chinese government counterparts to advocate for U.S. rights holders doing business in and exporting to China.</p><p>We offer an array of valuable tools for doing business in China, including the recently updated <a href="https://www.uspto.gov/sites/default/files/documents/China_IPtoolkit_FINAL.pdf" data-entity-type="media" data-entity-uuid="3615c9ea-bc09-4bee-b747-51aaec7839d0" data-entity-substitution="media" title="China_IPtoolkit_FINAL.pdf">China IPR Toolkit</a>. Designed especially for small and medium-sized businesses, the revised toolkit offers an in-depth look at the IP environment in China, including the avenues for protection and enforcement.</p><p>It can be difficult to do business in China. The China IPR Toolkit can serve as a helpful first stop on that journey. It is available as a free download from the USPTO website.</p><p>I've seen first-hand American businesses working to educate themselves on China IP. In October, I joined private sector and government experts in San Diego at the <a href="https://www.uspto.gov/ip-policy/ip-china/china-ip-road-shows-and-webinar-events" data-entity-type="node" data-entity-uuid="e65405b8-363e-4e50-bd28-90167c3878d0" data-entity-substitution="canonical" title="China IP Road Shows and webinar events">USPTO China IP Roadshow</a>. These one-day, in-person events held around the country detail for local entrepreneurs and businesses how they can protect and enforce their IP in China. They are tailored to their specific locales, taking into account the leading local industries—biotech, manufacturing, agriculture, or the creative industries, to name a few. We bring in experts who can address the particular challenges faced by these businesses. We also offer the expertise and knowledge of the USPTO's China IP specialists, local businesspeople, and IP experts.</p></div> </div> <div class="paragraph paragraph--type--blog-image paragraph--view-mode--rss"> <div class="field__item"><article class="media media--type-image media--view-mode-rss"> <div class="field field--name-field-media-image field--type-image field--label-hidden field__item"> <img loading="lazy" src="https://www.uspto.gov/sites/default/files/blog/chinaiptoolkit682.jpg" alt="China IPR toolkit logo" /> </div> </article> </div> <div class="clearfix text-formatted field field--name-field-blog-image-caption field--type-text-long field--label-hidden field__item"><p>The <a href="https://www.uspto.gov/sites/default/files/documents/China_IPtoolkit_FINAL.pdf" data-entity-type="media" data-entity-uuid="3615c9ea-bc09-4bee-b747-51aaec7839d0" data-entity-substitution="media" title="China_IPtoolkit_FINAL.pdf">China IPR Toolkit</a> is designed especially for small and medium-sized businesses and offers an in-depth look at the IP environment in China.</p></div> </div> <div class="paragraph paragraph--type--content paragraph--view-mode--rss"> <div class="field__item"><p>Since 2017, we've held more than 30 China IP Road Show events in every corner of the country. To learn more about past and upcoming China IP Road Shows, visit the <a href="https://www.uspto.gov/ip-policy/ip-china/china-ip-road-shows-and-webinar-events" data-entity-type="node" data-entity-uuid="e65405b8-363e-4e50-bd28-90167c3878d0" data-entity-substitution="canonical" title="China IP Road Shows and webinar events">USPTO website</a>.</p><p>In our work, I'm grateful for the leadership of U.S. Secretary of Commerce Gina Raimondo. Secretary Raimondo traveled to Beijing and Shanghai last year to meet with her Chinese government counterparts and representatives of leading U.S. businesses operating in China. She and China's Minister of Commerce Wang Wentao agreed that U.S. and Chinese subject matter experts will hold technical discussions regarding strengthening the protection of trade secrets and confidential business information during administrative licensing proceedings in China. To facilitate that initiative, I have made the USPTO's China IP experts available to support it and any other related IP initiatives that develop.</p><p>The China IPR Toolkit and the China IP Road Shows are just two of a number of initiatives spearheaded by our China team. I encourage you to visit the <a href="https://www.uspto.gov/ip-policy/china" data-entity-type="node" data-entity-uuid="2bae48ac-e683-4dd4-ab70-b3b9afc60492" data-entity-substitution="canonical" title="China IP">China IP page</a> of our website to see the resources we offer, and sign up for future road shows and webinars.&nbsp;&nbsp;</p></div> </div>