Definition : USPTO

The United States Patent and Trademark Office (USPTO) is the administrative authority responsible for granting patents and trade marks in the United States. The USPTO is part of the United States Department of Commerce and its role is to facilitate innovation, economic competitiveness and the protection of intellectual property. The USPTO examines the patent and trade mark applications filed by companies and inventors. It also issues patent and trade mark registration certificates, as well as publication certificates for patented inventions. The USPTO further provides intellectual property information services and carries out searches to assess the validity of existing patents and trade marks. It is therefore a key agency for the protection of intellectual property in the United States, playing an important role in promoting innovation and the economic competitiveness of the country. Several differences with the European Patent Office (EPO) are worth noting:

  1. Territory. The USPTO is the United States government agency responsible for granting patents in the United States, while the EPO is the European agency responsible for granting patents in the member states of the European Patent Organisation, which brings together 38 European countries.
  2. Examination procedure. The USPTO and the EPO have different examination procedures for patent applications.
  3. Language. The USPTO accepts patent applications in English only, while the EPO accepts applications in several languages, notably English, French and German.
  4. Cost. The costs of obtaining a patent from the USPTO and from the EPO may vary. In general, the costs of obtaining a patent from the USPTO are lower than those of the EPO. The costs of patent protection however depend on the number of countries in which protection is sought.

The USPTO and European litigation

USPTO decisions have no effect in Europe. The American prosecution history is however often produced before the French courts and the Unified Patent Court, because it reveals the concessions made by the applicant. Reading the USPTO file is thus part of the preparation of a nullity action or a non-infringement defence. See our page patent litigation attorney and the website of the USPTO.


This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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