Are there limitations on the number of positions or personnel at the USPTO?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. No, there are no administratively or statutorily imposed limitations on the number of positions or personnel at the United States Patent and Trademark Office (USPTO). This is explicitly stated in MPEP 1001 , which quotes the relevant statute: “ The Office shall not be subject to any administratively or statutorily imposed limitation on positions or personnel, and no positions or personnel of the Office shall be taken into account for purposes of applying any such limitation “ This provision ensures that the USPTO has the flexibility to adjust its workforce as needed to meet the demands of patent and trademark examination and related activities, without being constrained by external limitations on staffing levels. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Director Must Consult Patent and Trademark Advisory Committees Regularly MPEP 1001 Required Secretaries Must Appoint Patent and Trademark Commissioners Without Regard to Specific Regulations MPEP 1001 Required Patent and Trademark Examiner Retention Incentive Program Required MPEP 1001 Required Retain Eligible Patent and Trademark Examiners for Training MPEP 1001 Required Director May Set Pay for Patent and Trademark Judges MPEP 1001 Required Director May Set Pay for Patent and Trademark Judges Not Exceeding Level III Executive Schedule MPEP 1001 Permitted Office Not Subject to Position Limits MPEP 1001 Prohibited Director's Responsibilities for Other Office Personnel MPEP 1001 Required Deputy Director and Commissioners of USPTO Required MPEP 1001 Required Patent or Trademark Law Experience Required for Director MPEP 1001 Required Other Related FAQs 4 FAQs Collapse Who appoints the Director of the USPTO? H...