Strategic plan accomplishments

Our ultimate goal is to drive innovation, entrepreneurship, and creativity for the benefit of all Americans and people around the world. Guided by this mission and vision, the USPTO 2022–2026 Strategic Plan offers five goals that we aim to achieve:

Goal 1: Drive inclusive U.S. innovation and global competitiveness
Goal 2: Promote the efficient delivery of reliable intellectual property (IP) rights
Goal 3: Promote the protection of IP against new and persistent threats
Goal 4: Bring innovation to impact for the public good
Goal 5: Generate impactful employee and customer experiences by maximizing agency operations

If you're interested in learning more about our goals, read through the information on our Strategic Plan page.

Goal one: Drive inclusive U.S. innovation and global competitiveness

Administration-wide work

Joined President Biden in honoring leading American scientists, technologists, and innovators through the National Medal of Technology and Innovation and the National Medal of Science, October 24, 2023.
USPTO works with NIST (lead) to develop and announce United States Government National Standards Strategy for Critical and Emerging Technology, issued May 2023
Director Vidal sends USPTO response to More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs, issued March 7, 2023
USPTO works with USDA on More and Better Choices for Farmers: Promoting Fair Competition and Innovation in Seeds and Other Agricultural Inputs, issued by USDA March 6, 2023
USPTO works with NIST and DOJ on Withdrawal of 2019 Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary F/RAND Commitments, issued June 8, 2022
USPTO and Department of Commerce launch the Women’s Entrepreneurship (WE) Initiative, a community-focused program that uplifts women and taps their potential to increase equity, job creation, and economic prosperity through their ideas, insights, and innovations, November 2022
Joint USPTO–FDA Collaboration Initiatives; Notice of Public Listening Session and Request for Comments, published November 7, 2022
USPTO’s Council for Inclusive Innovation (CI2) adds government leaders to top spots in a whole-of-government approach to expanding American entrepreneurship and innovation, September 27, 2022
Director Vidal appointed as a National Advisory Council of Innovation and Entrepreneurship (NACIE) Co-Chair and is working with NACIE on a National Entrepreneurship Strategy, September 16, 2022
USPTO is a founding member of the Department of Commerce Military Affairs Working Group and active member on the FLOTUS’ Joining Forces Interagency Policy Committee, focusing on the military spouse community
The USPTO has expanded its outreach and engagement with under-served, under-represented, and under-resourced stakeholders to grow the innovation ecosystem. For example, the USPTO’s expanded outreach and engagement initiatives with HBCUs were recognized in a report released by the Department of Commerce as part of the longstanding White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity Through Historically Black Colleges and Universities.

Rulemakings

Proposed Rule: Changes to the Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office, published May 16, 2023, closed August 14, 2023
Final Rule: Changes to the Representation of Others Before the USPTO, published July 14, 2023
Final Rule: Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022, Correction, published June 2, 2023
Final Rule: Final Rule Eliminating Continuing Legal Education Certification and Recognition for Patent Practitioners, published January 26, 2023
Final Rule: Electronic Patent Issuance, published February 28, 2023
Final Rule: Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office, published November 16, 2023
Proposed Rule: Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, published February 21, 2024
Final Rule: Expanding Opportunities To Appear Before the Patent Trial and Appeal Board, published October 10, 2024

Policies and procedures

Federal Register (FR) Notice: Expanding Admission Criteria for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office, published October 18, 2022, comments closed January 31, 2023
FR Notice: Expanding Opportunities to Appear Before the Patent Trial and Appeal Board, published October 18, 2022, comments closed January 31, 2023
PTAB re-establishes in person hearings, with a virtual first option to ensure under-resourced parties are not disadvantaged and to promote broader participation in hearings, June 23, 2022
On June 10, 2024, the USPTO announced that it had updated its Patent Trial and Appeal Board (PTAB) Decision Nomination webpage to provide the option to request the “de-designation” of a PTAB decision that is currently identified as “precedential” or “informative” and that serves as a guiding force for the Board.

Public feedback

FR Notice: Joint International Trade Administration, National Institute of Standards and Technology, & Patent and Trademark Office Collaboration Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments, published September 11, 2023, comments closed November 6, 2023.
FR Notice: Artificial Intelligence and Copyright, published August 30, 2023, comments closed October 18, 2023 (issued by Copyright Office).
FR Notice: Request for Information on Implementation of the United States Government National Standards Strategy for Critical and Emerging Technology (USG NSSCET), published September 7, 2023, comments closed November 6, 2023 (issued by NIST with USPTO collaboration).
FR Notice: Request for Comments on a Proposed Track Three Pilot Program With a Pre-Examination Search Option, published May 26, 2023, comments closed July 25, 2023.
FR Notice: Request for Comments on Southeast Regional Office and Community Outreach Office Locations, published June 6, 2023, comments closed July 11, 2023.
FR Notice: Study of the Patent Pro Bono Programs; Notice of Public Listening Sessions and Request for Comments, published April 12, 2023, comments closed August 11, 2023.
FR Notice: Expanding Admission Criteria for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office, published October 18, 2022, comments closed January 17, 2023.

USPTO milestones

Selected Atlanta for the USPTO’s next regional office, serving the southeast region of the United States, and Strafford County, New Hampshire, for the USPTO’s first community outreach center, December 13, 2023.
Launched Semiconductor Technology Pilot Program to expedite patent filings in semiconductor technologies and shore up supply chains, December 1, 2023.
Published summary of more than 200 responses received to Request for Comments on new outreach offices and services under Unleashing American Innovators Act, November 13, 2023.
With 98% of our workforce having formal telework plans, the USPTO has a widely distributed staff to serve as IP ambassadors in their communities. In 2023, we began accepting expressions of interest from our front-line employees to serve as IP Champions, with the first cohort to begin in 2024.
USPTO issues 1 millionth design patent, September 26, 2023.
In FY23, expanded pro se efforts by establishing Pro Se Champions in almost all areas of the Patents business unit to provide help, just in time training, and guidance to employees who interact with pro se applicants, and provided a dedicated pro se site with resource tools that will aid in engaging with pro se applicants at every step of their journey. Assistance provided by the Pro Se Pilot Examination Unit increased the likelihood that men applicants received a patent by 6.1 percentage points. For women applicants, the effect was larger – a 16.8 percentage point increase in the likelihood of receiving a patent. When looking at subgroups composed of U.S applicants and first-time U.S. applicants, the impact for women was larger still at 19.7 percentage points and 23.5 percentage points, respectively.
USPTO launched an updated website search tool to strengthen search experience for all web visitors, September 2023.
Director Vidal, USPTO and National Inventors Hall of Fame (NIHF) expand participation in Camp Invention and other training for K-6, increasing enrollment in programs like Camp Invention by 29% to 343,000 in FY 2023, its largest group ever, with nearly 75% of whom attended on financial aid or scholarship.
The USPTO’s flagship annual, five-day professional development program for educators, the National Summer Teacher Institute (NSTI) on Innovation, STEM, and Intellectual Property, returned in person to the Saint Louis University campus in 2023. Our data shows that when asked to respond to the prompt “I have the strategies and tools to implement intellectual property and invention education into classroom instructions” the teachers strongly disagree at a rate of 62% before the program, disagreeing at a rate of 28%. After the program, 80% strongly agree and the remaining 20% agree.
The USPTO is expanding its footprint across the United States. Director Vidal started writing to libraries across the country in the Summer of 2023, inviting them to become Patent and Trademark Resource Centers (PTRCs) and making a case as to why having IP resources in local libraries is important to the country and to job creation and economic prosperity. Director Vidal started with letters to HBCUs and U.S. states in which the USPTO did not have a PTRC: Tennessee (71 libraries); Connecticut (47 libraries); Kentucky (50 libraries); Oregon (46 libraries); and South Dakota (16 libraries), and she sent over 600 letters in total. Weeks after Director Vidal sent the first letter, Virginia Tech (a Minority-Serving Institution) signed up. In addition, three libraries at HBCUs have been designated as PTRCs since October 2023, quadrupling the number of PTRCs at HBCUs. The USPTO has also designated new PTRCs in Tennessee, Kentucky, and South Dakota. As of October 2024, there are almost 100 PTRCs. ^UPDATED
Strengthened Patent Pro Bono Programs with 21 independent pro bono law clinics around the country to provide patent advice and counsel to under-resourced inventors and entrepreneurs in all 50 states and two territories. Doubled our budget to $1.2 million. Since 2015, lawyers have volunteered almost 100,000 hours of their time and have helped applicants file more than 2,000 patent applications. Last year, the USPTO surveyed its pro bono users and found that, of those who chose to respond, 35% identified as African American or Black, 14% identified as Hispanic, 5.7% identified as Asian American or Pacific Islander, and 1.5% identified as Native American. While only 13% of all inventors named on U.S. patents are women, 43% of those who received assistance in the Patent Pro Bono Program identified as female. Additionally, 7.9% identified as a veteran.
Launched Patent Pro Bono “pathways” events for current and aspiring inventors and entrepreneurs. At these events, which are conducted both in person and virtually, the USPTO connects participants with information and resources regarding IP protection, funding options, and inventor networks. The agency conducts pathways events in coordination with the Pro Bono Advisory Council and the Small Business Administration. On March 9, 2023, the USPTO held its first pathways event in Minneapolis, Minnesota, with approximately 40 in-person and 80 virtual attendees. The second Patent Pro Bono Program: Pathways to inclusive innovation was held October 11, 2023, at the USPTO headquarters in Alexandria, Virginia.
USPTO in conjunction with the PTAB Bar Association expanded the PTAB Pro Bono Program, originally an initiative for eligible independent inventors expanded to include financially under-resourced inventor groups and inventor-owned small businesses. This expansion also eliminated the program’s restriction to only micro entities and increased the income qualification threshold from 300% to 400% of the federal poverty limit, April 2023.
USPTO in conjunction with the PTAB Bar Association launched the PTAB Pro Bono Program, March 23, 2022.
USPTO works with INTA on the TTAB Pro Bono Clearinghouse Program, recognizes organizations that coordinate free legal services for members of the public in proceedings before the TTAB. The program is targeted to financially under-resourced individuals, small-to-medium enterprises, and not-for-profit/nonprofit or charitable organizations with low operating budgets. Each recognized clearinghouse sets unique requirements for accepting new clients and matches qualifying participants with volunteer member attorneys. Established during FY 2023, the program is still new and growing its participation base, bolstered by engagement from the TTAB, ATJs, and interlocutory attorneys at outreach events and other public activities.
The USPTO is increasing access to free legal services by expanding its Law School Clinic Certification Program to more law schools. The USPTO welcomed two new law schools in FY 2023 and seven new schools in FY 2024. The program now includes 67 participating law school clinics. ^UPDATED
In 2023, the USPTO launched a new Entrepreneurship Essentials for the Military Community initiative and website for service members and military veterans and spouses. Through in-person programming at 11 U.S. military installations, the USPTO has provided nearly 700 military-connected individuals from four service branches with entrepreneurship resources and education. ^UPDATED
USPTO works to expand participation in Legal Experience and Advancement Program.
USPTO works with IPO to launch the MentorshIP program to mentor women on IP, April 2023.
In January 2023, the USPTO launched the first-ever paid innovation internship program to teach the next generation the value of innovation and protecting IP and to encourage a more inclusive talent pipeline. The agency has since welcomed three cohorts that include students from HBCUs and Hispanic-Serving Institutions, as well as women and veterans. ^UPDATED
Since the launch of the USPTO’s first-ever Master Teacher of Invention and Intellectual Property Education Program (MTIP) in November 2022, 22 teacher-leaders have empowered more than 5,000 educators in 27 states with the knowledge and confidence to foster invention and IP education in their classrooms. As a result, more than half a million students have had the opportunity to experience invention and IP education as of October 2024. ^UPDATED
Study: Patent Trial and Appeal Board Multiple Petitions Study, July 2023.
USPTO led an initiative across 35 IP offices and organizations across the globe to issue the Global IP offices’ joint statement on International Women’s Day 2023: Innovation and technology for gender equality, March 8, 2023.
USPTO introduces new tool to help creators identify their intellectual property, January 18, 2023.
The AGA awarded the USPTO its 21st consecutive CEAR® for the agency’s FY 2022 AFR. In addition to being recognized as a CEAR® recipient, the USPTO received a Best-in-Class Award in recognition of the AFR’s Outreach, Inclusion, and Access Features. The AGA bestowed this honor for information that focused on providing greater access and support to the agency’s customers across the country — in particular, those who are currently underserved. The agency established these efforts to spur innovation, create jobs, and improve the nation’s welfare.
USPTO releases the USPTO 2022–2026 Strategic Plan, finalized during FY 2023 with input from members of the public, agency employees, and other stakeholders; defines the USPTO’s mission to drive U.S. innovation, inclusive capitalism, and global competitiveness, June 7, 2023.
On December 23, 2022, the USPTO launched EquIP HQ, a virtual hub for invention education. This free online portal designed for K-12 educators and learners offers educational resources that expand student learning, creativity, and innovation through gaming. The portal features lesson plans tested by teachers and students, interactive and fun activities, and videos of young inventors to inspire and unlock inclusive innovation within every student. EquIP HQ introduces students to the world of patents, trademarks, copyrights, and trade secrets at age-appropriate levels, allowing them to discover how IP plays a vital role in our everyday lives. FY 2024 saw the addition of new content, including an augmented reality Inventor Trading Card activity highlighting the work of a diverse group of inventors of all abilities. ^UPDATED
The USPTO released a virtual assistant in Trademarks to enhance customer service by providing immediate, targeted answers to common customer questions and to make it easier to find the status of an application or registration, December 2022.
Launched direct emails from the Director to innovators and inventors focused on USPTO work to support them.
Study: Where are U.S. women patentees? Assessing three decades of growth, October 2022
The USPTO successfully mapped the White House Critical and Emerging Technologies list to corresponding CPC classification and baseline filing numbers.
In January 2024, the USPTO launched the first cohort of IP Champions for the Council for Inclusive Innovation’s Community Outreach Campaign. The initial 15 IP Champions undertook a rigorous training program with training presentations offered by subject matter experts from across the agency. From January to September of 2024, the IP Champions took part in over 150 diverse outreach engagements within their respective communities and held nearly 50 collaborative meetings with community leaders, including teachers, school administrators, and community event organizers. ^UPDATED
In December 2023, the USPTO announced a new pre-application review program called the “Pre-Prosecution Pilot,” designed to support first-time, prospective inventors by providing assistance in assessing the strengths and weaknesses of a potential patent application.
In 2022, the USPTO launched the Intellectual Property Skills Work-Based Learning Program, and in December 2023, the program welcomed its third cohort of 35 students from high schools in the areas surrounding USPTO headquarters in Alexandria, Virginia, and the Midwest Regional Outreach Office in Detroit, Michigan. In this program, students build knowledge about intellectual property, STEM, entrepreneurship, and federal service while learning about the USPTO’s work and mission. ^NEW
On January 30, 2024, the USPTO announced that it had released a report to Congress, as required by the Unleashing American Innovators Act of 2022, assessing the health and functionality of the nation’s patent pro bono programs. The study found that the patent pro bono programs are successfully expanding access to the patent system to their clients, with more than $39.3 million in legal services donated by volunteer patent attorneys and agents from 2015-2022.
On March 10, 2024, the USPTO officially stood up its newest business unit, the Office of Public Engagement. The new business unit will engage stakeholders and the American people where they are to bring more children, students, and adults into the innovation ecosystem and to deliver a tailored experience to promote economic growth and problem-solving within all communities. The Office of Public Engagement will work to expand outreach and education programs to more underrepresented communities and geographic regions and will improve access to the resources available to bring innovation to impact for all.
On March 4, 2024, the USPTO and the American Intellectual Property Law Association finalized a Memorandum of Understanding to develop the Women Entrepreneurs Mentoring Program. The program will connect members of the American Intellectual Property Law Association who work in the IP field across a variety of industries with women innovators, entrepreneurs, inventors, and small business owners for mentorship.
On March 8, 2024, the USPTO and 75 other IP offices and organizations across the globe issued a joint statement on International Women’s Day 2024, focused on the theme of “Invest in women: Accelerate progress.” The USPTO initiated the issuance of a joint statement to commemorate the occasion in 2022. The World Intellectual Property Organization will lead the drafting of the statement and the recruitment of supporters in 2025.
From March 6-8, 2024, the USPTO hosted approximately 30 IP offices at the Women in IP Symposium. The theme of the event was “Global Advancement of Women in the Innovation Economy: accelerating the achievement of women and girls in STEAM [science, technology, engineering, the arts, and mathematics] and IP education and in bringing ideas to impact.” The USPTO founded the Women in IP Symposium in 2023 to help drive diversity and inclusion in IP around the globe. The World Intellectual Property Organization will host the Women in IP Symposium in 2025.
On March 18, 2024, the USPTO announced the launch of the Diversity Information Platform, which will advance diversity and inclusion efforts throughout the innovation ecosystem by providing a no-cost tool for data-driven analyses and a one-stop shop for discussing and sharing best practices.
On May 1, 2024, the USPTO announced the National Strategy for Inclusive Innovation, which aims to increase participation in STEM, inventorship, and innovation among youth and those from historically under-represented and under-resourced communities.
On June 3, 2024, Director Vidal and Adam Williams, Chief Executive Officer of the United Kingdom Intellectual Property Office (UKIPO), signed a new memorandum of understanding that provides a framework for collaboration between the USPTO and the UKIPO on policies related to standard essential patents.
On September 23, 2024, the USPTO announced the Create & Innovate Tour to highlight the impact of Patent and Trademark Resource Centers (PTRCs) on local innovation economies. The tour began with the celebration of the 40th anniversary of the PTRC at the J. Willard Marriott Library at the University of Utah in Salt Lake City on September 24, 2024. Other tour stops include the grand openings of four new PTRCs in Maryland, Arizona, and Mississippi. The USPTO is working to expand the PTRC network to reach more creators, especially in rural and historically under-represented communities where invention and entrepreneurship can help drive local economies.
On October 3, 2024, the USPTO, in partnership with the National Academy of Inventors, launched a new Invention Ambassador Program. The program will be composed of accomplished inventors, innovators, entrepreneurs, and commercialization experts who will take part in speaking engagements across the nation to showcase the importance of academic invention, share best practices for the innovation ecosystem, and inspire the creation of a culture of inclusive innovation.
On October 17, 2024, Director Vidal and Gina Raimondo, Secretary of Commerce, were inducted into the Chiefs in Intellectual Property Hall of Fame. The induction of Director Vidal and Secretary Raimondo reflects their efforts at the USPTO and the Department of Commerce to advance inclusion in innovation and promote women in the intellectual property ecosystem.
On October 21, 2024, the USPTO announced the appointment of Nancy Kamei as Chief Public Engagement Officer and Director of the Office of Public Engagement. In her new position, Dr. Kamei will oversee the strategizing, promotion, and implementation of outreach, education, customer experience, and customer engagement activities across the agency.
On April 22, 2024, the USPTO hosted its first-ever Military Entrepreneurship Summit. The event featured tracks for military spouse and veteran entrepreneurs, as well as a resource fair with experts from the military community and industry. ^NEW
In July 2024, the USPTO and the National Inventors Hall of Fame offered the first Department of Defense Education Activity overseas Camp Invention at Aukamm Elementary School in Wiesbaden, Germany, impacting 70 military children. A second overseas Camp Invention is being planned for a Pacific military location in the summer of 2025. ^NEW
The USPTO has begun expanding Patent and Trademark Resource Center training to military installations, with Marine Corps base librarians in North Carolina and Japan completing training in October 2024. ^NEW
In October 2024, the USPTO launched the Startup Certification Training Course. The two-hour virtual session is intended for entrepreneurs and small business owners looking to learn about the fundamentals of intellectual property protection, cybersecurity, and scam prevention. ^NEW
On October 10, 2024, the USPTO launched a series titled “Name, Image, Likeness (NIL) for Student-Athletes,” focused on NIL and the importance of student-athletes protecting their intellectual property rights. The first program took place at Arizona State University’s Sandra Day O’Connor College of Law. A second program will take place at the University of San Francisco School of Law on November 15. ^NEW
As part of the USPTO’s efforts to expand its outreach to minority-serving institutions, the agency initiated a new collaboration with the College of Business at South Carolina State University involving the creation of a five-week “Introduction to Intellectual Property” course that became available to all interested students in the fall of 2024. ^NEW

Goal 2: Promote the efficient delivery of reliable intellectual property (IP) rights

Administration-wide work

NIST calls for public comments on draft March-In Rights Guidance, published December 8, 2023. Comments due February 6, 2024.
President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence with provisions addressing IP equities, October 30, 2023.
NIST (in collaboration with USPTO) is seeking Input on Implementation of National Standards Strategy for Critical and Emerging Technology, issued September 7, 2023.

Rulemakings

NPRM: Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board, issued October 6, 2023, comments closed on December 5, 2023
ANPRM: Use of Discretion in Institution of AIA Trial Proceedings, published April 21, 2023, comments closed June 20, 2023
Final Rule: Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements, published June 15, 2023
Final Rule: Electronic Submission of Notices of Appeal to the United States Court of Appeals for the Federal Circuit, Notices of Election, and Requests for Extension of Time for Seeking Judicial Review, published March 29, 2024
NPRM: Rules Governing Director Review of Patent Trial and Appeal Board Decisions, published April 16, 2024
NPRM: Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement, published April 19, 2024
NPRM: Terminal Disclaimer Practice to Obviate Nonstatutory Double Patenting, published May 10, 2024
Final Rule: Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board, published June 12, 2024
NPRM: Withdrawal of Changes to Post Registration Response Deadlines, published July 19, 2024
Final Rule: Rules Governing Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board, published September 18, 2024
Final Rule: Rules Governing Director Review of Patent Trial and Appeal Board Decisions, published October 1, 2024

Policies and procedures

Director Vidal issues new PTAB and TTAB paneling guidance memorandum, September 22, 2023
NPRM: Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board, published October 6, 2023, comments closed December 5, 2023
OG Notice: Applicant-suggested Drawing Figure in the Publication of Patent Applications, published September 5, 2023
FR Notice: Changes to Duration of Attorney Recognition; Notice of Public Listening Sessions and Request for Comments, published August 10, 2023, public listening session September 26, 2023
USPTO launches research and development test examination unit to test initiatives to strengthen patent examination and IP rights, June 27, 2023
FR Notice: USPTO to Begin Issuing Electronic Trademark Registration Certificates, published May 2, 2022
FR Notice: Extension of the Option for Submission of a PDF with a Patent Application Filed in DOCX Format, published June 6, 2023
USPTO launches new Patent Public Search tool and webpage, February 1, 2022
OG Notice: New artificial intelligence functionality in PE2E Search, November 15, 2022
FR Notice: Duties of Disclosure and Reasonable Inquiry During Examination, Reexamination, and Reissue, and for Proceedings Before the Patent Trial and Appeal Board, published July 29, 2022
FR Notice: Patent Center Electronic Office Action Program, published April 5, 2023, comments closed June 5, 2023
FR Notice: Guidelines for Assessing Enablement in Utility Applications and Patents in View of the Supreme Court Decision in Amgen Inc. et al. v. Sanofi et al., published January 10, 2024
FR Notice: Inventorship Guidance for AI-Assisted Inventions, published February 13, 2024 (comment period extended until June 20, 2024)
On February 6, 2024, the USPTO issued guidance on “The Applicability of Existing Regulations as to Party and Practitioner Misconduct Related to the Use of Artificial Intelligence.” The guidance clarifies how to apply existing rules and policies when AI is used in the drafting of submissions to the PTAB and the TTAB.
FR Notice: Updated Guidance for Making a Proper Determination of Obviousness, published February 27, 2024
NPRM: Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board, published March 4, 2024
FR Notice: Resources for Examining Means-Plus-Function and Step-Plus-Function Claim Limitations, published March 20, 2024
FR Notice: Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, published April 11, 2024
FR Notice: 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence, published July 17, 2024

Work in the courts

USPTO submits brief to Federal Circuit in LKQ (design patents)
USPTO and/through DOJ submits government brief to Supreme Court in Interactive Wearables and Tropp (patent eligibility), April 2023
USPTO wins Arthrex
USPTO wins Vidal v. Thaler, establishing “that only a natural person can be an inventor, so AI cannot be.” August 5, 2022
The Trademark Trial and Appeal Board, the District Court of the Eastern District of Virginia, and the Fourth Circuit Court of Appeals each held that “gruyere” is a generic term in the United States for a type of cheese. In March 2023, the Fourth Circuit Court of Appeals upheld the District Court finding that “gruyere” is generic, and therefore, cheese from outside the Gruyère region of Switzerland and France, including cheese from U.S. dairy producers, may be labeled and sold as gruyere in the United States.

Public feedback

FR Notice: Formal Tribal Consultation on WIPO IGC Negotiations, published October 24, 2023. Comments due February 24, 2024. The consultations on how to best protect the genetic resources, traditional knowledge, and traditional cultural expressions of Indigenous People were held on January 16, 17, 19, and 23, 2024.
FR Notice: WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge, published October 24, 2023. Comments due January 22, 2024
FR Notice: USPTO, along with NIST and ITA, issue Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments, published September 11, 2023
FR Notice: Notice of Public Meeting on Innovation Driven by Artificial Intelligence, published January 26, 2023, meeting February 8, 2023
FR Notice: Announcement of the Launch of the Artificial Intelligence and Emerging Technologies Partnership, published June 7, 2022
FR Notice: USPTO AI/ET Partnership: Public Meeting on Artificial Intelligence Tools and Data, published August 22, 2023, public meeting September 27, 2023
FR Notice: Request for Comments Regarding the Motion to Amend Pilot Program and Rules of Practice to Allocate the Burdens of Persuasion on Motions to Amend in Trial Proceedings before the Patent Trial and Appeal Board, published May 23, 2023, comments closed July 24, 2023
FR Notice: Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule, published April 27, 2023, comments closed June 12, 2023
FR Notice: Patent Center Electronic Office Action Program, published April 5, 2023, comments closed June 5, 2023
FR Notice: Patent Public Advisory Committee Public Hearing on the Proposed Patent Fee Schedule, published April 20, 2023, comments closed May 25, 2023
FR Notice: Request for Comments Regarding Artificial Intelligence and Inventorship, published February 14, 2023, comments closed May 15, 2023
OG Notice: Continuation of the IP5 Patent Prosecution Highway (PPH) Pilot Program with the IP5 Offices, published February 28, 2023.
FR Notice: Study on Non-Fungible Tokens and Intellectual Property Law Issues published November 23, 2022, comments closed February 3, 2023. Study published on March 12, 2024.
FR Notice: Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights, published October 4, 2022, comments closed February 28, 2023.
FR Notice: Submission of Comments Regarding the Patent Subject Matter Eligibility Guidance, published September 1, 2022, comments closed October 15, 2022
The USPTO announced a new Public Engagement Partnership meeting series via an FR Notice, published on January 10, 2024. These meetings will offer education on patent system basics and the agency’s practices and policies. They will also allow the public and the USPTO to exchange ideas, experiences, and insights related to the patent process. The first meeting was held on March 1, 2024.
FR Notice: WIPO Diplomatic Conference on the Design Law Treaty, published March 27, 2024
FR Notice: Setting and Adjusting Trademark Fees During Fiscal Year 2025, published March 26, 2024
FR Notice: Setting and Adjusting Patent Fees During Fiscal Year 2025, published April 3, 2024
FR Notice: Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing, published April 30, 2024
FR Notice: Experimental Use Exception Request for Comments, published June 28, 2024
FR Notice: Impact of the Proliferation of AI on Prior Art and PHOSITA: Notice of Public Listening Session, published July 5, 2024

USPTO milestones

Issued Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces, published November 17, 2023 (correction published January 29, 2024).
Updated Trademark Manual of Examining Procedure, November 3, 2023.
Director Vidal designated Penumbra, Inc. v. RapidPulse, Inc., IPR2021-01466, Paper 34 (March 10, 2023) as precedential, November 15, 2023. The decision addresses the holding by the Federal Circuit in Dynamic Drinkware, LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015), that under pre-AIA 35 U.S.C. § 102(e), a reference patent’s claims must have written description support in its provisional application to be entitled to that provisional application’s filing date for prior art purposes. The decision determines that the holding in Dynamic Drinkware does not apply to AIA § 102(d), i.e., Dynamic Drinkware applies to pre-AIA patents, but not post-AIA patents. November 15, 2023.
Updated Patent Examination Research Dataset (PatEx), October 10, 2023.
Issued a new PTAB SOP for decision review, and updated SOP for decisions remanded from the Federal Circuit, October 5, 2023.
Issued new working paper: Competitive Dynamism in Nascent Markets - Trademarks and Superstar Firm Entry in the Metaverse, October 4, 2023.
Expanded After Final Consideration Pilot 2.0 to September 30, 2024, as part of our ongoing effort toward compact prosecution and increased collaboration between examiners and stakeholders, announced September 27, 2023.
Updated Patent Assignment Dataset, September 27, 2023.
Stabilized trademark pendency timelines.
Deployed several updated digital enhancements in Trademarks including a new search and filing platform.
The Trademark Trial and Appeal Board (TTAB or Board) successfully launched its pilot program for final pretrial conferences.
In December 2022, the USPTO implemented phase two of the Trademark Modernization Act and shortened response times for preregistration office actions from six months to three months, with a possible extension to the full six months.
Studied how to optimize efficiency in examination and through additional IT tools and other initiatives.
The USPTO also is studying whether assistance from additional trademark professionals may contribute to pre-registration review. The TPAC supports the USPTO’s efforts to create professional development opportunities for all USPTO personnel. These opportunities fulfill the USPTO’s strategic plan goals of creating inclusive and impactful employee experiences while also increasing efficiency.
Streamlined and standardized training for new trademark examining attorneys through a dedicated Trademark Academy, now in its second year of operation.
We are carefully studying and gradually enhancing the USPTO’s use of artificial intelligence (AI) to improve examination quality and speed. We launched the Artificial Intelligence and Emerging Technology Partnership and held four public listening sessions across the country. Experts told us how the agency can adapt as AI becomes more sophisticated.
In October 2023, the USPTO released the new AI-based Similarity Search feature to examiners’ Patents End-to-End (PE2E) Search suite. This feature receives examiner-selected application information, including specification, as input and uses trained AI models to produce a list of domestic and foreign patent documents similar to the searched patent application.
Last year, the USPTO captured customer perceptions of the quality of its work through external surveys. These surveys focused on respondent opinions regarding patent examiners’ adherence to rules and procedures; the correctness, clarity, and consistency of rejections; and overall examination quality. The agency invited more than 3,000 randomly selected, frequent customers to participate, and results showed a Quality Net Promoter Score of 58, above targeted performance. This survey cycle marked the agency’s fifth consecutive reporting period and its highest results on record, with over 60% of customers rating quality as good or excellent.
The USPTO also developed patent examiner training in collaboration with external stakeholders, including the American Intellectual Property Law Association and the IPO.
The agency leveraged a recruitment bonus for certain new patent examiner hires, helping to recruit candidates in the most in-demand technology fields while reducing attrition. The USPTO also modified the patent examiner productivity award system to provide a more accurate level of achievement that many examiners routinely attain, and to inspire others to strive for a new level of excellence. In addition, the USPTO expanded overtime and compensatory time opportunities for patent examiners and others directly involved in patent examination and application processing. Lastly, the agency created an online platform that provides information regarding high-inventory technology areas, allowing patent examiners to request a work transfer to fields that match their background and interests.
In FY23, the USPTO hired a total of 652 new patent examiners, all onboarded and trained virtually.
In FY23, the USPTO hired a total of 86 examining attorneys — a class of 46 in October 2022 and another class of 40 in April 2023 — who were trained virtually. The Office of Trademark Services also hired additional specialists to support examination of maintenance fillings.
In FY23, the USPTO established the TMFlex program after analyzing paralegal support in the Register Protection Office (RPO). Paralegals hired under the program support investigative tasks, primarily for anti-scam work. TMFlex has streamlined anti-scam efforts and had a positive effect on final (disposal) pendency.
Based on stakeholder feedback, the USPTO added a widget to several Trademarks webpages showing the date of applications currently in examination, thereby increasing transparency.
In FY23, the USPTO hired a third-party management consulting firm to identify changes that could improve efficiency and effectiveness. Trademarks also holds internal ideation sessions with the union and other USPTO leaders to brainstorm additional improvements and to make the examination process more efficient. In addition, Trademarks is exploring opportunities to automate processes where possible.
The USPTO exceeded all trademark quality targets in FY 2023 despite the added strain on resources related to the pandemic filing surge. As of September 30, 2023, compliance rates for first and final office actions were at 96.8% and 98.6%, respectively, versus the 95.5% and 97.0% targets.
In FY23, the USPTO exceeded all patent quality targets. As of September 2023, statutory compliance rates were 98.2% for 101 (target >94%), 96% for 102 (target >94%), 92.2% for 103 (target >92%), and 94.4% for 112 (target >93%).
In FY23, the USPTO exceeded its target for the percentage of mailed actions compliant with required patent review timeframes. 81% of mailed actions were compliant.
As of FY23, trademark applicants may now submit secure, third-party-generated electronic signatures approved for use in the Trademark Electronic Application System (TEAS) and the Trademark Electronic Application System international (TEASi) using software like DocuSign and Adobe Acrobat. The USPTO also launched Trademark Examination (TM Exam), a browser-based, end-to-end examination system that has improved examining attorneys’ efficiency and work quality. These advancements reflect the USPTO’s commitment to simplifying, streamlining, and modernizing trademark processes for applicants and attorneys.
The USPTO represented the United States and the interests of U.S. rights holders at a number of international organizations, including the World Intellectual Property Organization (WIPO); World Trade Organization; IP5; Five Trademark Offices (TM5); Industrial Design Forum; International Union for the Protection of New Varieties of Plants (UPOV); Association of Southeast Asian Nations and its Intellectual Property Experts Group; Asia-Pacific Economic Cooperation; and others. Altogether, the agency participated in more than 45 high-level meetings of these international bodies in FY 2023.
In August 2023, the USPTO signed a memorandum of understanding with Mexico that will allow for accelerated patent grant procedures to benefit U.S. patent holders. The USPTO also concluded 16 other agreements and memorandums of understanding in FY 2023 with IP offices and partner organizations, including Canada, Mongolia, and Panama.
In FY 2023, the USPTO developed examiner training on Rule 1.132, declaratory evidence, and it is now being provided to examiners. The training was presented to the public at a recent Biotechnology, Chemical, and Pharmaceutical Customer Partnership Meeting.
On December 7, 2023, the USPTO launched the Ex Parte Appeal Roadshow, in which participants learn from PTAB judges about best practices for ex parte appeals. Roadshow events will take place across the country through May 2024.
In January 2024, the USPTO implemented the Global Mentoring Pilot, comprised of the USPTO and 14 other IP offices and organizations whose employees participated as mentors and mentees. This unique pilot provided an opportunity for exchanging knowledge, sharing best practices, and strengthening the relationship between the offices. The pilot concluded in August of 2024, and the USPTO and its global partners are evaluating next steps. ^UPDATED
On March 27, 2024, the USPTO’s Artificial Intelligence and Emerging Technologies Partnership held a public symposium on issues surrounding artificial intelligence and IP, with a focus on copyright law, at Loyola Law School in Los Angeles. The event was organized in collaboration with the United States Copyright Office.
On March 20, 2024, the USPTO released training provided to the USPTO examining corps on using publicly available databases from the Food and Drug Administration and the National Institutes of Health for prior art searches. The goal of the training is to ensure that all relevant prior art is considered by examiners when assessing patentability. The training is related to initiatives to protect Americans’ access to lower-cost drugs by ensuring that patents do not unjustifiably delay competition from generic drugs and biosimilars, as outlined in President Biden’s Executive Order 14036, “Promoting Competition in the American Economy,” signed on July 9, 2021.
On June 12, 2024, the USPTO announced an update to the Patent Trial and Appeal Board’s Standard Operating Procedure (SOP) 1 for assigning judges to panels. This revision to SOP 1 aligned with recently updated Paneling Guidance, SOP 4, and Director Review procedures.
On July 11, 2024, the USPTO hosted a closed stakeholder listening session in Alexandria to gather feedback on the topic of transparency in relation to artificial intelligence and copyright. During the session, stakeholders were invited to discuss topics involving artificial intelligence inputs and outputs.
Since April 2022, the USPTO has concluded numerous cooperative agreements designed to improve the global IP system and enhance the protection of IP rights, including 33 agreements with individual countries, two with the World Intellectual Property Organization, and one with the Small Business Administration.
During August of 2024, the USPTO hosted three listening sessions with copyright stakeholders to explore legal and policy questions at the intersections of artificial intelligence and copyright with fair use and the feasibility of licensing. Discussions also covered matters related to legal protection for outputs generated by artificial intelligence.
In FY 2022, the USPTO’s Office of the Chief Economist released two new data files, collectively called the Artificial Intelligence Patent Dataset, to assist researchers and policymakers focusing on the determinants and impacts of artificial intelligence invention.

Goal 3: Promote the protection of IP against new and persistent threats

Rulemakings

Final Rule: Changes To Implement Provisions of the Trademark Modernization Act of 2020; Delay of Effective Date (0651-AD71), published September 12, 2023

Policies and procedures

FR Notice: Requiring ID Verification for Attorney Sponsored Accounts, published September 5, 2023
FR Notice: Trademarks USPTO.gov Account ID Verification Program, published July 11, 2022
FR Notice: Changes in Post-Registration Audit Selection for Affidavits or Declarations of Use, Continued Use, or Excusable Nonuse in Trademark Cases, published October 28, 2024

Public feedback

FR Notice: Future Strategies in Anticounterfeiting and Antipiracy, published May 25, 2023, Comment period closed September 25, 2023. As part of its effort to combat dangers from counterfeit goods, the USPTO actively solicited input from the public on challenges industry is facing from counterfeit goods. On May 25, 2023, the USPTO published a Federal Register notice seeking input on future anticounterfeiting and antipiracy strategies.
On November 30, 2023, the USPTO conducted a public roundtable with IP experts, staff from federal agencies, and Tribal representatives to discuss consumer protection, the protection and enforcement of IP, and the impact of counterfeit goods on the economies of Native American communities.
FR Notice: Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation, published July 1, 2024. The roundtable was held on August 5, 2024.

USPTO milestones

New edition of China IP Rights Toolkit released November 30, 2023.
Released study: Diagnosing COVID-19: A perspective from U.S. patenting activity, October 23, 2023.
Introduced identity verification in Trademarks for attorney support staff to address fraud on the Office, October 16, 2023.
In collaboration with the National Security Council, the USPTO invested in the fight against counterfeit products through the "Go For Real" campaign. In 2020, the USPTO, in collaboration with the National Security Council, started the Go For Real campaign in an effort to educate young people about counterfeit products and to encourage the public to purchase genuine products and services. In FY 2023, the USPTO continued to promote the Go For Real Campaign. Highlights of these efforts include:
In the spring of 2023, the Go For Real YouTube series was awarded first place in the “K-12 Educational Program” category in the National Association of Government Communicators’ Blue Pencil & Gold Screen Awards.
The USPTO’s two PSAs – “You’re Smart, Buy Smart” and “The Real McGruff” – continue to be widely aired. They have reached approximately 1.5 billion viewers, with approximately 1,000 new airings weekly and an estimated ad value of over $30 million.
The USPTO’s third PSA debuted in September 2023, and was accompanied by extensive promotion, including an interactive, virtual real and counterfeit factory “walk-through.”
The Go For Real campaign continues to have strong traction online, with nearly 528,000 page views of the Go For Real website and more than 3 million social media impressions.
The Association of Communications and Marketing Professionals has awarded “Think Again,” the Platinum MarCom Award for television and the Gold MarCom Award to “Go For Real TV,” for web-based video. This prestigious award is selected by a panel of international industry leaders for work that sets a new benchmark in each category. There were more than 6,500 entries this year.
Expanded and strengthened robust administrative sanctions program that identifies and pulls out of the examination workflow new applications originating from behavior that violates the USPTO Trademark Rules of Practice or the terms of use for USPTO websites, filing systems, and/or USPTO.gov accounts.
Began shifting anti-scam and bad faith review from examining attorneys to the Register Protection Office.
As discussed in the section above, trademark owners receiving misleading solicitations is a growing problem for the USPTO and its customers. Some practitioners instruct their clients to disregard anything sent directly to them about their trademark application or registration to avoid having the clients subject to a misleading solicitation. These instructions can be problematic in light of current attorney recognition rules. Under current rules (37 CFR 2.17(g)(1)), attorney recognition on a pending application ends when the mark registers, ownership changes, or the application is abandoned. For registrations, recognition ends under current rules (37 CFR 2.17(g)(2)) if the registration is cancelled, expires, or ownership changes, or upon acceptance or final rejection of a post registration maintenance filing.
The USPTO is seeking public comments on changes to the trademark rule regarding the duration of attorney recognition. The USPTO invited public comments through the Federal Rulemaking Portal at www.regulations.gov. On September 26, 2023, the USPTO hosted a listening session entitled “Changes to Duration of Attorney Recognition” during which the public also could comment.
In FY 2023, the USPTO created multiple new resources to increase public awareness of known scams and continued offering other helpful scam awareness tools from prior years.

Goods or services canceled: The “# goods or services canceled” column compares the number of challenged goods and services set forth in the Notice of Institution to the goods and/or services canceled once the proceeding is terminated.

Reexamination and expungement proceedings initiated by the public
Petitions Filed	Instituted procedings	Non-Institutions	Terminated proceedings	No cancellation	Cancellation	# of Goods and services canceled
377	200	138	125	12	112	2,909 out of 2,932

The USPTO Director may initiate a reexamination or expungement proceeding without a petition if evidence supports a prima facie case. Data is shown below for Director-initiated expungement and reexamination proceedings.
Reexamination and expungement proceedings initiated by the USPTO
Instituted proceedings
Terminated proceedings
No cancellation
Cancellation
# of Goods and Services canceled
414
86
0
80
2903 out of 2903
In FY 2023, the USPTO established a Register Protection Office to protect the integrity of the U.S. Trademark Register from scams and fraudulent activities.
Throughout last year, the USPTO provided policy advice and technical training on domestic and international IP matters in partnership with multiple federal agencies. These efforts included over 140 USPTO-organized programs delivered through the agency’s Global Intellectual Property Academy. Altogether, in FY 2023 the USPTO trained more than 10,000 U.S. stakeholders and foreign officials responsible for the protection and enforcement of IP, exceeding its target of 5,000. The work of our Global Intellectual Property Academy expanded to include over 40 programs during FY 2023 and trained more than 4,600 officials from 122 countries. These included capacity-building programs with foreign IP officials, such as patent and trademark examiners.
USPTO IP attachés and IP specialists stationed worldwide support U.S. IP interests and assist U.S. rights holders in doing business around the globe. In FY 2023, the agency’s IP attachés assisted over 5,500 U.S. inventors and businesses, including many small and medium-sized enterprises and first-time or new-to-market exporters.
In August 2023, the USPTO issued Examination Guide 3-23 to help trademark examining attorneys and post-registration examiners review domicile addresses in applications and registrations. The exam guide addresses the agency’s concern that applicants and owners/holders who claim no domicile due to a virtual business could attempt to circumvent the U.S. Counsel Rule, which is a possible fraud indicator. Applicants must instead present their claim in a petition to the Director.
To enhance transparency and accessibility, the USPTO published the Trademark Decisions and Proceedings database in March 2023. This public search tool allows for easy access to issued sanctions, orders, and nonuse cancellation proceeding documents, with petitions to the Director to be added soon.
In FY 2023, the USPTO supported STOPfakes.gov, the multiagency IP portal, by publishing a new edition of the China IPR Toolkit. The USPTO restarted its in-person China IP Road Show series, a one-day event coordinated with a variety of organizations including universities, the USPTO’s regional offices, business groups, state and local governments, and other federal agencies.
The USPTO also worked with the National Association of Attorneys General to deliver programming that enhances awareness among state attorneys general on the importance of IP enforcement in the context of criminal activity and consumer protection.
On May 23, 2024, the National Crime Prevention Council, in partnership with the USPTO, released a new "Go For Real" campaign public service announcement, focusing on the market for, and the dangers of, fake pharmaceuticals. It was targeted at tweens, teenagers, and other young people who are the most frequent victims of fake pharmaceuticals.
On October 2, 2024, the USPTO issued a final order terminating the proceedings in approximately 3,100 patent applications for the fraudulent entry of the S-signature of a registered practitioner by someone other than the practitioner.

Reexamination and expungement proceedings initiated by the USPTO
414	86	0	80	2903 out of 2903

Goal 4: Bring innovation to impact for the public good

Policies and procedures

Research has shown that applicants who file trademark applications without the assistance of experienced trademark professionals do not succeed as frequently. In an effort to narrow the gap, the USPTO revised its application filing receipt to incorporate a letter that provides new applicants with information to help navigate the IP ecosystem. The “Welcome Letter” features multiple links to information about the trademark application process and other helpful resources that are available.
The USPTO’s research shows that women sole inventors persist beyond a first office rejection at a lower rate than men sole inventors, indicating that there may also be other disparities in who completes the patenting process. In view of this, the USPTO launched "Welcome to the USPTO letter" to accompany patent filing receipts to connect patent filers with other IP and resources to support them on their journey as they obtain IP and bring their innovation to impact.
USPTO hosts climate dialog with the IP5, publishing the IP5 Offices’ Initiatives on Climate Change, July 2023.
FR Notice: Launched first-ever Trademarks for Humanity Awards Competition Program to recognize trademark holders who aim to improve environmental health, published July 24, 2023, deadline September 15, 2023.
FR Notice: Launched Expansion and Extension of the Climate Change Mitigation Pilot Program to add technologies to target the goal of net-zero greenhouse gas emissions by 2050, published June 1, 2023; received more than 470 petitions to date, a 70% increase over the original pilot program.
FR Notice: Launched First-Time Filer Expedited Examination Pilot Program, March 9, 2023. The program was extended on March 11, 2024. In the initial 12 months of the pilot, over 350 petitions requesting to participate were filed, with 142 petitions accepted and 15 patents granted.
Director Vidal signs MOU and USPTO becomes a partner in international green-technology platform, WIPO GREEN, July 21, 2022. We continue working with the World Intellectual Property Organization (WIPO) as a technology partner for the WIPO GREEN global green-technology platform with 153 government and business partners.
FR Notice: USPTO extends Modified COVID-19 Prioritized Examination Pilot Program for Patent Applications to ensure coverage through pandemic, published February 14, 2023.
FR Notice: USPTO announces Cancer Moonshot Expedited Examination Pilot Program, published December 9, 2022.

Public feedback

FR Notice: Request for Comments on Unlocking the Full Potential of Intellectual Property by Translating More Innovation to the Marketplace, published March 15, 2024, comment period closed May 14, 2024

USPTO milestones

New edition of China IP Rights Toolkit released November 30, 2023.
Released study: Diagnosing COVID-19: A perspective from U.S. patenting activity, October 23, 2023.
Introduced identity verification in Trademarks for attorney support staff to address fraud on the Office, October 16, 2023.
USPTO releases report Diagnosing COVID-19: A perspective from U.S. patenting activity, October 17, 2023.
United States ranks as one of the three most innovative economies in the world, joined by Switzerland and Sweden, September 27, 2023.
In response to President Biden’s Executive Order on “Promoting Competition in the American Economy,” the USPTO and FDA have been working together to ensure patents continue to play their critical role in incentivizing and protecting the investments essential for bringing lifesaving and life-altering drugs to market, while not unnecessarily delaying getting generic, biosimilar, and more affordable versions of those drugs into the hands of Americans who need them.
USPTO in collaboration with the Federal Laboratory Consortium and AUTM hosts Green Tech Innovation Expo to match licensors of federally funded green energy technologies with green energy licensees, May 17, 2023.
Launched latest iteration of its Patents for Humanity program, the Patents for Humanity Green Energy awards competition, to recognize and reward innovators and inventions that are addressing climate change through clean energy technologies in the green energy sector, March 6, 2023.
USPTO, with USDA, established the USDA-USPTO Working Group on Competition and Intellectual Property to strengthen cooperation between the USPTO and the USDA and expand resources available for assessing the patentability of seeds, while addressing the use of patents to unnecessarily reduce competition, March 23, 2023.
USPTO and NOAA create work-sharing program to advance green technology, February 28, 2023.
Expansion of Tech Transfer/Research Commercialization ^UPDATED
- USPTO team serving as IP counsel on CHIPS projects
- USPTO providing IP strategy and framework for the CHIPS National Semiconductor Technology Center
- USPTO working with the National Economic Council and interagency group to enhance domestic manufacturing requirements for Bayh-Dole Act
- USPTO developing IP Commercialization and Tech Transfer resource portal
- USPTO collaborating with NASA to study tech transfer best practices across the federal government and academia. Study results should be published and presented in 2025.
Expansion of Tech Transfer/Research Commercialization for HBCUs
- USPTO working with AUTM to re-launch a resource portal for emerging research institutions that will include education, engagement forums, best-practices workshops and funding opportunity visibility for institutions
- USPTO developing a set of internships that will focus on developing IP skills and knowledge of federal agency research for students interested in tech transfer/research commercialization
- USPTO to engage HBCUs and tech transfer subject matter experts to develop a "playbook" of best practices for developing commercialization operations, including IP development
In June 2023, the USPTO hosted the annual meeting of the IP5. The office heads also conducted related meetings with industry and stakeholder groups. The theme for this year’s IP5 gathering was “addressing climate change through an accessible and inclusive IP system.”
Preceding the office heads’ meeting, on June 13, 2023, the USPTO hosted a “sustainable innovation dialogue.”
On January 24, 2024, the USPTO and NOAA signed a Memorandum of Understanding to work together to advance innovation in technology areas that strengthen the nation’s resilience against climate change, promote environmental stewardship, and encourage sustainable economic development.
On December 7, 2023, the USPTO held a listening session with Silicon Valley stakeholders to discuss ways to improve the state of innovation for green energy technologies.
On June 20, 2024, in response to a request from Senator Thom Tillis, the USPTO issued an updated report on America Invents Act (AIA) proceedings involving challenges to patent claims for pharmaceutical products approved by the Food and Drug Administration, also known as Orange Book-listed patents, and biologic patents. The report found that the percentage of AIA petitions challenging Orange Book-listed patents had decreased from 7.5% of all petitions filed in FY 2016 to less than 2% of all petitions filed in FY 2024. Also, after a peak of nearly 4% of all petitions filed in FY 2017, the percentage of biologic patents challenged under the AIA has hovered around 2% of all petitions filed since then.

Goal 5: Generate impactful employee and customer experiences by maximizing agency operations

Rulemakings

Final Rule: Signature Requirements Related to Acceptance of Electronic Signatures for Patent Correspondence, published March 22, 2024

Policies and procedures

USPTO renames visiting scholars program after pioneering inventor of technology for virtual phone calls, text-to-donate system Dr. Marian Rogers Croak, April 17, 2023
USPTO creates first-ever agency-wide DEIA Advisors and Ambassadors Council, July 2023
On January 30, 2024, the USPTO transitioned to issuing electronic certificates of correction for patents. This change enables the USPTO to streamline publishing certificates of correction, reduce paper waste, and permit issued certificates of correction to be viewable and printable by both patent owners and the public immediately upon issuance in Patent Center.

USPTO milestones

Patent Center fully replaces USPTO legacy systems for filing and managing patent applications online, November 15, 2023.
Introduced a new Virtual Assistant now available for Patents customers, providing answers to common customer questions and making it easier to find the status of your patent application, October 10, 2023.
We expanded training. We added employee outreach programs, focusing on mental and physical health. We increased affinity groups and events for our employees to congregate and socialize. In 2023, USPTO was named among the Top 50 Inspiring Workplaces in North America by the Inspiring Workplaces Group as the second-most inspiring workplace among government and nonprofit organizations in North America. Criteria included leadership, inclusion and diversity, and employees’ experience.
The USPTO was named among the Top 100 Inspiring Workplaces in the world, September 5, 2023.
In FY 2023, hired 652 patent examiners and 86 trademark examination attorneys, with plans to increase staff in FY 2024.
The USPTO was ranked world’s most accessible IP office web platform.
To facilitate discussion and accountability on the DEI goals in the USPTO’s strategic plan, the TPAC created a new Innovative Inclusion Subcommittee. The Subcommittee and USPTO administrators collaborated in exchanging many ideas on how diversity, equity, and inclusion practices are implemented in the private sector, and which of these practices might translate to the USPTO. Substantial progress was achieved in 2022-2023 through multiple ongoing strategies including others noted in this section.
To obtain feedback on diversity, equity, and inclusion issues, the USPTO circulated multiple employee surveys. Survey results are being featured in Trademark Magazine and are available for employee review on an internal USPTO website. The results are being used by the USPTO to implement policy initiatives on equity and inclusion.
The USPTO offers volunteer internships are not inclusive opportunities for students from economically modest circumstances.
The USPTO has sought review of new employment and security forms to assure that gender and racial identification is requested in an inclusive manner.
In FY 2023, the agency made great strides in implementing improved hiring practice initiatives and generating impactful experiences by supporting and advancing recruitment opportunities for candidates across a wide range of groups and diverse demographics. Using writing tools that check for inclusive language, the USPTO revamped vacancy announcements and digital and print materials to be more accessible and relevant to all audiences. The agency shared its improved content via recruitment events, social media, email campaigns, webinars, and paid advertising campaigns. And, by regularly attending minority serving institution career fairs, disability-focused hiring events, and veteran outreach opportunities, the USPTO actively promoted DEIA recruitment.
As an additional hiring practice improvement, the USPTO expanded agency pipelines for executive leadership preparedness via a Senior Executive Service “boot camp” five-part lunch and learn series. Approximately 880 attendees participated in one or more of the sessions, including a newly targeted audience: nonsupervisory GS-13 rising star employees.
The USPTO uses multiple methods to recruit a diverse workforce, including outreach to professional race and gender affinity groups.
Director Vidal brings on Caren Ulrich Stacy as lead DEIA Advisor, September 1, 2022.
The USPTO has established the agency’s first Employee Experience Group, whose mission is to work with the entire agency to develop policies and programs that provide the best employee experience, from the application phase through the employee life cycle.
The USPTO hired its first-ever diversity officer during FY 2023.
The USPTO has also established its first-ever DEIA Advisors & Ambassadors Council, which will work with leadership to foster DEIA through community-building, training, awareness-raising, and processes and practices that support fair and equal access to career growth and advancement opportunities.
From May to July 2023, the USPTO conducted the first-ever mandatory unconscious bias training for all employees concluding 32 live instruction sessions. Nearly 12,500 employees out of 13,000 completed the training — a 93% completion rate. In conjunction with the live sessions, the USPTO recorded a computer-based training (CBT) and will add it to the roster of required trainings for all new employees. Current employees who did not attend a live session will complete the CBT to meet the training mandate.
Introduced in FY 2023, Under Secretary Vidal’s “Director’s Speaker Series” features one-hour presentations and discussions with thought leaders and innovative thinkers. The USPTO created the series in response to feedback from employee listening sessions asking for more creative sessions to help them develop more broadly and deeply, excel in their current positions, and prepare for advancement opportunities. The series explores themes related to connectedness, equity, and why the USPTO is a great place to work. More than 6,935 employees have attended the sessions virtually and in-person since November 2022, with topics including impact players; a fireside chat with the Secretary of Commerce; increasing resilience in our work; prioritizing wellness and belonging in the workplace; strengthening team connections in the new era of work; and rethinking stress.
To advance the USPTO’s strong labor management partnership dedicated to improving work conditions across the agency, in collaboration with the agency’s three unions — the Patent Office Professional Association, the National Treasury Employees Union (NTEU) Chapter 243, and NTEU Chapter 245 — the USPTO reestablished its Labor Management Forum (LMF) in FY 2023.
For FY23, the positive satisfaction rate for applicants filing a patent application was 82%, meeting the target of 82%. The positive satisfaction rate for trademark filers was 80%, exceeding the target of 70%. The percentage of customers who indicated the employees they had interacted with were helpful was 85% for patents and 86% for trademarks. This exceeded their FY 2023 target of 82% for patents and 75% for trademarks.
In FY 2023, the USPTO also completed its customer service action plan items, which included the implementation of the Stakeholder Application Readiness Training, Patents Customer Ambassador Pilot, and analysis supporting trademark customer survey responses. This survey, designed to identify ways to improve the trademark filing experience, informed the design of the Trademark Center beta. Subsequent prototype testing with customers indicated the agency has made improvements to navigation, fee calculation transparency, and the expanded save functionality. To maximize agency operations, the USPTO will invest in learning about and implementing best practices in CX while aligning its efforts with employee experience.
In FY 2023, the USPTO implemented a plan to reduce its physical leased space to better align with the Agency’s needs given enhanced telework, beginning with one auxiliary facility in Northern Virginia during FY 2023, and two main campus and two auxiliary buildings in Alexandria in late FY 2024. When fully implemented, the resulting footprint reductions — which exceed one million square feet — will net an annual savings of approximately $50 million in lease and operational costs.
During FY 2023, the USPTO established Data as an Enterprise Asset (DaaEA) to expand opportunity, discovery, and accountability through greater data maturity. The cross-agency initiative has four overarching goals: cultivate a data-driven culture, establish shared data management practices, enable data and analytics as a service, and fuel innovation though trusted, transparent, and open data.
During FY 2023, the USPTO moved critical systems – including hundreds of software components – to a new, state-of-the-art data center in Manassas, Virginia, to enhance disaster recovery and ensure the agency has secure, resilient, and stable systems as a foundation. As of January 2, 2024, the USPTO had completed all planned migrations from Alexandria to Manassas. Critical infrastructure services are available on site and through public cloud providers. Thirty software components now run in the cloud across three platforms, including Patent Public Search, EventHub, Cooperative Patent Classification, Global Dossier, Trademarks International, the USPTO financial system, and more.
All patent examiners are now using PE2E Search which includes AI search features. Around 55% of patent examiners are now using these AI search features and have run about 1.5 million queries, indicating an increase in adoption and acceptance of this technology. Additionally, over 67% of patent examiners have used Similarity Search, a new feature launched during the transition into fiscal year 2023. In the patent search product, continuous improvements are made to the AI based on examiner feedback and enhancements to the underlying ML models, allowing it to become more powerful over time. Ongoing assessments have yielded positive results.
The USPTO is retiring legacy IT systems in Trademarks. Currently, the public uses the Trademark Electronic Search System (TESS) to search USPTO application and registration records. On September 18, 2023, the USPTO launched a simple user search interface (SUSI) to replace TESS. The new Trademark public search tool allows users to search the USPTO trademark database using search features similar to internet search engines and content filters common on retail sites. In FY 2023, members of the TPAC beta tested SUSI and provided the USPTO with feedback. The USPTO conducted additional public user testing. At the end of FY 2023, TESS and SUSI were running concurrently, but the USPTO plans to retire TESS.
The USPTO is retiring legacy IT systems in Trademarks. The USPTO is retiring its TRAM mainframe system. The USPTO has migrated 85% of its data to the new cloud-enabled mainframe platform, called TRM. The USPTO anticipates retiring the remaining 15% of TRAM by April 2024.
The USPTO is retiring legacy IT systems in Patents also. The USPTO retired EFS-Web and Private PAIR November 15, 2023.
The USPTO launched a new eFile application platform for trademarks. Throughout FY 2023, the USPTO developed eFile, a new, cloud-based platform for filing trademark applications. Initially, eFile will be available only to file trademark applications for the Principal Register based on an intent-to-use a mark. Eventually, eFile will replace the existing TEAS e-filing system.
The USPTO launched new internal examination and search systems for Trademarks. On December 1, 2022, the USPTO launched TM Exam, a new internal examination platform for trademark examiners. TM Exam replaced the FAST 1 platform. In FY 2023, the USPTO released an updated version of XSearch, the USPTO’s internal search system. On July 28, 2023, the USPTO launched the new internal search system for examining attorneys only. By October 1, 2023, the entire agency had adopted XSearch as its trademark searching tool.
In FY 2023, the USPTO continued to develop the TTAB’s next generation IT system called TTAB Center. The TTAB Center will include a new electronic filing system for TTAB proceedings that will eventually replace ESTTA, the existing e-filing system. Initially, both systems will run concurrently.
The USPTO introduced fee proposals to the public at the Patent and Trademark Public Advisory Committee Fee Setting Hearings on May 18, 2023, and June 5, 2023, respectively.
On January 15, 2024, the USPTO launched its first-ever employee experience plan. This plan illustrates the differences between employee experience and engagement, introduces the employee lifecycle map, and establishes the USPTO’s first employee experience framework. The plan also provides strategic executive goals for the enhancement of employee experiences at the USPTO. ^NEW
On March 20, 2024, the USPTO was named as a finalist for the Golden Post Award for the Best Instagram Presence. The Golden Post Awards recognize outstanding uses of social media by government agencies.
On April 4, 2024, the USPTO received AGA’s Certificate of Excellence in Accountability Reporting Award for its FY 2023 Agency Financial Report.
On May 2, 2024, the USPTO announced that the Office of Personnel Management had approved the request to increase pay for patent examiners, patent administration, patent attorneys, patent classifiers, and design patent examiners, with an effective date of June 2, 2024. This change will enable the USPTO to offer patent-related positions that are competitive with equivalently skilled positions in the private sector.
On May 20, 2024, the USPTO expanded its continuous listening strategy and its efforts to improve the onboarding experience by launching onboarding surveys for new hires. ^NEW
On June 4, 2024, the USPTO finalized an administrative leave policy granting up to five days of administrative leave to military spouses relocating to a different geographic location within the United States under the direction of a service member's orders.
On June 12, 2024, the USPTO became the first federal agency to issue an award for core financial software and services using the Treasury’s Bureau of Fiscal Service Quality Services Management Office Marketplace. This purchasing tool, available on the General Services Administration’s Schedule, is designed to enable agencies to move to software as a service and shared platforms for support services in furtherance of government-wide efficiency goals, including the President’s Management Agenda.
On July 11, 2024, the USPTO held the first “Accepted Day” for newly hired patent examiners. The event was intended to bridge the gap between new employees’ receipt of their official offer letter and their attendance at orientation. During Accepted Day, new employees met agency executives and team members, created connections with their peers, and learned more about the USPTO’s work. Accepted Day has become a recurring event, with over 350 new patent examiners attending through October 2024. ^NEW
In FY 2024, the USPTO maintained its High Impact Service Provider status, with its two designated services of “applying for a patent” and “applying to register a trademark.” To further improve customer experience (CX), the USPTO launched the “CX Basics—Introduction to Customer Experience” online training for all new employees, which enables agency staff to continuously improve services. The USPTO also completed its CX action plan delivery commitments, including: the delivery of technology enhancements that allow customers to submit patent applications in DOCX format, the scaling of Trademark Center beta to all applicants, and continuous customer education and feedback collection.
On August 23, 2024, the USPTO celebrated the 10th anniversary of its Rocky Mountain Regional Office (RMRO) in Denver. The RMRO has been instrumental in assisting American inventors and small businesses, as well as fostering innovation in the region, by providing patent and trademark services and conducting outreach programs.
On September 30, 2024, the USPTO acquired its first employee experience listening tool to help foster an environment in which employees can freely offer feedback and ideas that leadership can act on to improve the employee experience. ^NEW
On October 23, 2024, the USPTO and the National Treasury Employees Union Chapter 245 signed a new collective bargaining agreement for the first time in over 20 years. The agreement, which was last updated in 2001, sets a government-leading standard for federal labor relations by guaranteeing pre-decisional involvement and labor-management collaboration. It covers all trademark examining attorneys and all Trademark Trial and Appeal Board interlocutory attorneys in the chapter’s bargaining unit.
On October 29, 2024, the USPTO launched the Artificial Intelligence and Emerging Technologies Premier Lecture Series to provide top-quality training content from distinguished artificial intelligence (AI) luminaries and foster interest in AI and emerging technologies within the USPTO’s workforce. During the inaugural lecture, Mark Papermaster, Chief Technology Officer and Executive Vice President at AMD, spoke to over 4,000 USPTO and Department of Commerce personnel about frontier AI capabilities, data privacy, and responsible AI. ^NEW
In FY 2024, the USPTO exceeded its customer experience targets and completed action plan commitments, including the delivery of technology enhancements that allow customers to submit patent applications in DOCX format, the scaling of Trademark Center beta to all applicants, the continuous provision of customer education, and the collection of feedback. The positive satisfaction rate for applicants filing a patent application was 76%, and the rate for trademark filers was 77%, exceeding the targets of 70%. ^NEW