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 General Counsel for the United States Patent and Trademark Office is David Berdan.
Positions of the USPTO
Serving a Complaint
In order to serve a complaint or summons 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.
Filing a Notice of Appeal to the United States Court of Appeals for the Federal Circuit, a Notice of Election, or a Request for Extension of Time for Seeking Judicial Review of PTAB or TTAB Decisions with the Director of the USPTO
To file a Notice of Appeal to the United States Court of Appeals for the Federal Circuit under 35 U.S.C. § 141 or 15 U.S.C. § 1071(a), a Notice of Election to proceed by civil action under 35 U.S.C. § 146 or 15 U.S.C. 1071(b), or a Request for Extension of Time for Seeking Judicial Review of PTAB or TTAB decisions with the Director of the USPTO you must:
A. Comply with the requirements in 37 C.F.R. 90.2(a) and (b) and 90.3 (Patent matters) or 37 CFR 2.145 (Trademark matters), and electronically file the notice or request with the Director by email sent to the following email address: efileSO@uspto.gov Please include in the subject line of your email the type of document that you are filing.
B. If there is some circumstance that prevents filing by email, the notice or request may be filed by Priority Mail Express® addressed to:
Office of the Solicitor
United States Patent and Trademark Office
Mail Stop 8
P.O. Box 1450
Alexandria, VA 22313
The Office of the Solicitor may be reached by telephone at (571) 272-9035 during business hours.