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Notice: You are viewing a detailed profile of an entity in our US Agency Mapping resource, in which we have compiled all information relevant for the regulation of advanced AI technologies in the US. To see an overview of all entities, return to the entity overview page.

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Entity Profile

US Patent and Trade Administration (USPTO)

The USPTO registers and develops policy on intellectual property. It also houses the Patent and trial Appeal Board (PTAB) which is a board that reviews dual-use technologies.

Official website â†—
Leadership

Kathi Vidal - Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

Authority
See office profile for detailed authorities
2023 Enacted Budget
N/A (fee-funded agency)
2025 Budget Request
N/A (fee-funded agency)

Budget

The USPTO operates as a fully fee-funded agency, relying on user fees collected for patent and trademark services to finance its operations, rather than requiring appropriations from Congress.

Authority

Invention Secrecy Act: PTAB is involved in handling secrecy orders, which are issued under the Invention Secrecy Act (35 U.S.C. § 181). A secrecy order can be placed on a patent application if its disclosure is deemed detrimental to national security. This is particularly relevant for dual-use technologies, which can include advanced AI systems used in both civilian and military contexts.

List of Authorities

CitationDescription
Trademark Act- 15 U.S.C. 1051-1141nGoverns trademark registration system, administrative proceedings, and international registration procedures
Patent Laws Administration – 35 U.S.C. 1-13, 21-26, 32-33, 100-105, 111-122, 131-135, 141-146, 151-157, 161-164, 171-173, 251-256, 261, 262, 267, 301-307, 311-318Basic authorities for patent law administration
Invention Secrecy- 35 U.S.C. 181-188Authorities for secrecy of certain inventions and foreign filing of applications
Patent Cooperation Treaty – 35 U.S.C. 361-368, 371-375Authorities related to Patent Cooperation Treaty applications and procedures
PCT Fees – 35 U.S.C. 376Authorizes fees for Patent Cooperation Treaty activities
America Invents Act (AIA) – Pub. L. No. 112-29Provides authority for collecting various patent-related fees

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