The U.S. Patent and Trademark Office (USPTO) is currently facing a significant backlog of patent and trademark applications, with a total of 785,387 unexamined applications. This backlog has been attributed to various factors, including the impact of the pandemic on application inventories.
USPTO Director Kathi Vidal addressed the issue in a recent blog post, noting that the backlog is a result of unpredictable macro effects and reduced hiring targets due to modest and short-lived slowdowns in patent filings. The Office’s recent Notice of Proposed Rulemaking (NPRM) on Setting and Adjusting Patent Fees predicts that the backlog will increase to 820,200 by FY 2026 before decreasing to 780,000 by FY 2029.
To tackle the backlog, the USPTO has implemented various measures, including routing patent applications to examiners with the right technical background, extending working hours, and increasing the special rate table for patent professionals. The Office has also hired additional patent examiners and made adjustments to its award structures to attract and reward employees who contribute to reducing pendency and improving quality.
In response to the surge in trademark applications during the pandemic, the USPTO has also taken steps to address the backlog in trademark examinations. Vidal highlighted improvements in IT systems, changes to the exceptional office action standard, and new incentives for examiners to enhance productivity.
Despite these efforts, stakeholders are encouraged to provide ideas for further reducing pendency directly to Director Vidal. The USPTO is also planning to implement additional IT updates to streamline the examination process.
It is important to note that addressing backlogs in the USPTO is not a new challenge. In 2007, the Office faced a backlog of 730,000 unexamined patent applications, prompting a report from the Government Accountability Office (GAO) to Congress. The report found that the Office’s hiring efforts at that time were insufficient to reduce the backlog, but over time, new approaches to hiring helped decrease the backlog.
Overall, the USPTO is actively working to tackle the current backlog of patent and trademark applications, with a focus on improving efficiency, reducing pendency, and maintaining quality standards. The Office’s commitment to addressing these challenges will be instrumental in ensuring a more streamlined and effective patent and trademark system for applicants and stakeholders.
