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10 January 2024FeaturesPatents ChannelBrenda Holmes and Ted Davis

New USPTO base is home to under-represented innovators and start ups

The US Patent and Trademark Office (USPTO) recently selected the Atlanta metropolitan area as the location for its newest regional office. The office will be an extension of the USPTO’s headquarters in Alexandria, Virginia and will serve the Southeast region.

The new Atlanta office will join existing regional offices in Dallas, Denver, Detroit, and San Jose. In doing so, the new office will further the USPTO’s stated mission of driving US innovation, inclusive capitalism, and global competitiveness.

The USPTO’s announcement noted that the Atlanta area is home to a number of patent-intensive industries and research-intensive institutions, has state and local government frameworks supporting IP-intensive industries, and is accessible to innovators currently underrepresented in patent filings.

New opportunities

The USPTO specially mentioned the area’s five Tier 1 research universities, the VA research hospital, and the Center for Disease Control.

According to the USPTO, the new regional office will promote entrepreneurship and innovation, support inventors and entrepreneurs in their IP and business endeavors, and provide opportunities to engage with USPTO personnel in-person.

Although there has been no official announcement yet, the office will likely hire additional patent and trademark examiners and administrative patent judges to staff the office. The additional examiners will help the USPTO meet its goal of processing applications more quickly.  In October 2023, the average pendency for a patent application from filing to first office action was over 20 months and the average pendency from filing to final disposition was over 24 months.

Likewise, the average first-action pendency for trademark applications was approximately eight and a half months. The additional administrative judges will help the USPTO meet the timing requirements for initiating and conducting inter partes review trials.

Outreach efforts

In recent years, the USPTO has focused on outreach and impact, especially to those who may be unfamiliar with IP and the services offered by the USPTO. The USPTO and the regional offices regularly host training and educational events for the public that provide information about patents and trademarks, including the processes for obtaining a patent or a trademark registration.

The USPTO’s announcement will enhance the Atlanta area’s reputation as an attractive location for innovative companies and individuals. More than 30 Fortune 500/1000 companies are headquartered in Georgia and more than 5,000 startups are located in the metro area.

The new regional office will be well-positioned to help area businesses grow and succeed, and is expected to be opened and fully operational by December 2025.

Brenda Holmes is a partner at Kilpatrick Townsend & Stockton. She can be contacted at: bholmes@ktslaw.com

Ted Davis is a partner at Kilpatrick Townsend & Stockton. He can be contacted at: tdavis@ktslaw.com

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