Org Chart Available

SECTION 1. PURPOSE.

.01 This Order shows the statutory structure of the United States Patent and Trademark Office (USPTO). (Department Organization Order 10-14 prescribes the scope of authority and functions of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.)

.02 This revision reflects the replacement of the Patent and Trademark Office with the United States Patent and Trademark Office (USPTO) as authorized by the Patent and Trademark Office Efficiency Act (PTOEA), codified at 35 Unites States Code (U.S.C.) 1.

SECTION 2. ORGANIZATION STRUCTURE.

.01 The organizational structure of USPTO is independently established by the Under Secretary except as provided by statute, including reprogramming requirements in appropriations Acts.

.02 The attached organization chart (Exhibit 1) depicts the organizational structure of USPTO provided by statute (see Title 35 U.S.C.).

SECTION 3. UNDER SECRETARY OF COMMERCE FOR INTELLECTUALPROPERTY AND DIRECTOR OF THE UNITED STATES PATENT AND TRADEMARK OFFICE.

.01 The Under Secretary is the Director of the United States Patent and Trademark Office ("Director"). As Director, the Under Secretary is responsible for providing policy direction and management supervision for USPTO and for the issuance of patents and registration of trademarks. The powers and duties of USPTO are vested in the Under Secretary.

.02 The Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of USPTO acts in the capacity of the Under Secretary in the event of the absence or incapacity of the Under Secretary.

SECTION 4. COMMISSIONERS.

.01 The Commissioner for Patents is the chief operating officer for USPTO operations relating to patents.

.02 The Commissioner for Trademarks is the chief operating officer for USPTO operations relating to trademarks.

.03 Annual Performance Plan and Agreement. Upon appointment, and for each fiscal year thereafter, each Commissioner shall prepare an annual performance plan and agreement for review by the Under Secretary and consideration by the Secretary. Annual performance agreements agreed to by the Commissioners and the Secretary shall incorporate measurable organization and individual goals in key operational areas as delineated in the annual performance plans agreed to by the Commissioners and the Secretary.

SECTION 5. PUBLIC ADVISORY COMMITTEES.

PTOEA authorized the creation of a Patent Public Advisory Committee and a Trademark Public Advisory Committee which are governed by their respective Charters.

SECTION 6. EFFECT ON OTHER ORDERS.

This Order supersedes Department Organization Order 30-3, dated December 8, 1995, and modifies any Order not mentioned herein to the extent such Order is inconsistent with this Order.

Signed by: Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office

Approved by: Secretary of Commerce