Boards
The Patent Trial and Appeal Board (PTAB), the Trademark Trial and Appeal Board (TTAB), are concerned with legal review of agency decisions. The Boards administratively report to Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
Office of the General Counsel (OGC)
The Office of the General Counsel (OGC) is concerned with defense of agency decisions in court and administrative tribunals, internal agency legal advice, and regulation of persons practicing before the USPTO. The OGC consists of three organizations, which are:
- Office of the Solicitor - represents USPTO in intellectual property matters
- Office of General Law - represents USPTO in matters other than intellectual property
- Office of Enrollment and Discipline (OED) - oversees registration and regulation of patent attorneys and agents to practice before the USPTO
The OGC also manages the USPTO's Freedom of Information Act (FOIA) program.
The OGC is headed by a General Counsel, who is responsible for overall management of the division and acts as the Under Secretary and Director's principal legal advisor in assuring the provision of legal advice and representation for the agency. The General Counsel has also been delegated authority to hear appeals from decisions in enrollment and discipline matters, and to determine whether special circumstances exist pursuant to 35 U.S.C. § 122 for releasing information concerning patent applications. The Acting General Counsel for the United States Patent and Trademark Office is David Shewchuk.
Positions of the USPTO
- U.S. Department of Justice, National Institute of Standards and Technology, and USPTO Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments
- The USPTO Position on Fair Use of Copies of Non-Patent Literature Made in Patent Examination
- General Counsel Explanation of Fee Setting Authorities and Procedures
Service of Process
In order to serve a complaint, summons or Notice of Appeal on the United States Patent and Trademark Office ("USPTO") or on the Director of the USPTO or an employee in his or her official capacity you must serve as follows:
A. Any summons or complaint to be served in person or by registered or certified mail or as otherwise authorized by law on the Office to:
Office of the General Counsel
United States Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
B. Service by hand should be made during business hours to:
Office of the General Counsel
United States Patent and Trademark Office
Madison Building East, Room 10B20
600 Dulany Street
Alexandria, VA 22314
The Office of the General Counsel may be reached by telephone at (571) 272-7000 during business hours.