USPTO

Created byPatent Office traces to Act of July 4, 1836; modern agency structure from the Patent Act of 1952 (Title 35) as overhauled by the American Inventors Protection Act of 1999 (P.L. 106-113), which made USPTO a performance-based agency within Commerce with fee-retention authority

Head appointed35 U.S.C. § 3(a)(1): Under Secretary of Commerce for Intellectual Property and Director of the USPTO, appointed by the President, by and with the advice and consent of the Senate; no fixed term (PAS)

Removal standardAt will, made explicit by statute — 35 U.S.C. § 3(a)(4): 'The Director may be removed from office by the President. The President shall provide notification of any such removal to both Houses of Congress.'

Funded underFully fee-funded: 35 U.S.C. § 42(b)–(c) credits patent and trademark fees to USPTO's account, spendable only 'to the extent... provided in appropriation Acts' (annual CJS act); excess fees go to the Patent and Trademark Fee Reserve Fund, 35 U.S.C. § 42(c)(2); Director's fee-setting authority is AIA § 10 (P.L. 112-29), extended by SUCCESS Act § 4 (P.L. 115-273) to a 15-year period that expires Sept. 15, 2026 (15 years from the AIA's Sept. 16, 2011 enactment) — no further extension enacted as of June 2026

Congressional oversightHouse Judiciary · Senate Judiciary

Inspector generalDepartment of Commerce OIG (PAS IG under the Inspector General Act, 5 U.S.C. § 403)

Judicial reviewPTAB patent decisions appealed to the Federal Circuit, 35 U.S.C. § 141 (or civil action in E.D. Va., 35 U.S.C. § 145); IPR institution decisions 'final and nonappealable,' 35 U.S.C. § 314(d); trademark (TTAB) review under 15 U.S.C. § 1071; APA suits for rulemaking