United States Patent and Trademark Office

An Agency of the Department of Commerce

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Office of the General Counsel (OGC)

The Office of the General Counsel (OGC), which has approximately 330 employees, consists of five organizations that are concerned with legal review of agency decisions, defense of agency decisions in court and administrative tribunals, internal agency legal advice, and regulation of persons practicing before the USPTO. These five organizations are the Office of the Solicitor, the Office of General Law, the Board of Patent Appeals and Interferences (BPAI), the Trademark Trial and Appeal Board (TTAB), and the Office of Enrollment and Discipline (OED).  The OGC also manages the USPTO's Freedom of Information Act (FOIA) program.

The OGC is headed by a General Counsel, who is responsible for overall management of the division and acts as the Under Secretary and Director’s principal legal advisor in assuring the provision of legal advice and representation for the agency. The General Counsel has also been delegated authority to hear appeals from decisions in enrollment and discipline matters, and to determine whether special circumstances exist pursuant to 35 U.S.C. § 122 for releasing information concerning patent applications. The General Counsel is James Toupin.

Service of Process

In order to serve a complaint, summons or Notice of Appeal on the United States Patent and Trademark Office ("USPTO") or on the Director of the USPTO or an employee in his or her official capacity you must serve as follows:

A. Any summons or complaint to be served in person or by registered or certified mail or as otherwise authorized by law on the Office to:

General Counsel
United States Patent and Trademark Office
P.O. Box 15667
Arlington, VA 22215

B. Service by hand should be made during business hours to:

Office of the General Counsel
United States Patent and Trademark Office
Madison Building East, Room 10B20
600 Dulany Street
Alexandria, VA 22314

The Office of the General Counsel may be reached by telephone at (571) 272-7000 during business hours.

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