USPTO Remains Open During Shutdown

Some Employees are Being Laid Off, Some Enjoy a Lobster Lunch

Despite today’s shutdown of the federal government, the USPTO continues to operate. The agency has a reserve fund that allows its continuation during a shutdown, which is expected to last for a period of weeks or months. More details regarding the USPTO’s Operating Reserve can be found in this post by Dennis Crouch on Patently-O.

Nonetheless, the agency announced the closure of the Rocky Mountain Regional Outreach Office in Denver, Colorado. Other Reductions in Force have occurred in the USPTO’s Office of Public Engagement (OPE) and Office of Equal Employment Opportunity (OEEO). In the Department of Commerce’s contingency plan for the shutdown, the OPE and OEEO were to cease activities if the USPTO had to close, but it appears that RIFs have begun for these offices on Day 1 of the shutdown.

Our thoughts are with the dedicated professionals who are affected. We recognize the hard work, expertise, and commitment that each of these individuals has brought to the agency’s mission of fostering innovation and protecting intellectual property.

At this time, significant disruptions in the examination process are not expected; however, today’s “USPTO Day” celebration has been canceled. Previously known as “Community Day,” the event’s name was recently changed to meet a more particularistic tone. A planned lobster food truck is reportedly still on-site today at the USPTO’s Alexandria facility, perhaps indicating that amid the potential disruption, the plan for examiners appears to be - let them eat lobster?

The attorneys at Renner Otto will continue to monitor this and other developments as they occur at the USPTO. We strive to be authorities in all matters concerning the ever-evolving landscape of Intellectual Property; however, the information provided on our website is not intended to be legal advice, nor does it create an attorney-client relationship.