USPTO remains operational
According to the USPTO, the agency “will remain open and fully operational until further notice under operating reserves from the prior year’s fee collections.” This means that despite the broader government shutdown, the USPTO continues to process patent and trademark applications as usual.
Unlike most government departments, the USPTO is a fee-funded agency: it operates primarily on the fees collected from applicants for filings, renewals, appeals, and maintenance. These funds are not dependent on annual congressional appropriations. Over time, the USPTO has built up an operational reserve, which it can draw on during lapses in government funding.
In practical terms, this reserve allows the USPTO to function normally for an estimated two to three months. During that period, patent and trademark examiners remain at work, electronic filing systems remain available, and statutory deadlines continue to apply.
What trademark applicants can expect
Although the USPTO remains open, applicants may still notice some slowdown in responsiveness or processing times. The agency continues to operate independently, but certain functions that rely on coordination with other federal offices could experience minor delays.
Importantly, all filing and response deadlines remain in effect. Patent and trademark applicants must continue to submit documents, respond to Office Actions, and pay fees on schedule. The USPTO’s electronic filing systems, including Patent Center for patents and TEAS for trademarks, remain fully operational and are the best way to ensure timely submission.
Applicants and rights holders should therefore proceed as usual, treating all USPTO deadlines as firm. Any missed deadlines could still result in abandonment or loss of rights, even during a shutdown.
Filing early: Still the smartest move
While a temporary slowdown may occur, one guiding principle remains unchanged: filing first is the best way to protect your intellectual property.
Filing early secures your priority date, which determines who has the stronger claim if similar marks are filed later. Even if examination times lengthen slightly, the filing date remains fixed, giving applicants critical edge in securing protection.
Our team is here to help you file efficiently and strategically, and to keep you informed of any updates, changes in USPTO operations, or approaching deadlines. Submit your trademark for a free lawyer’s check to get started and ensure your brand is protected without delay.
