Patent Backlog Plan Faces Examiner Attrition Risk
Businesses awaiting patent decisions should expect continued delays unless the USPTO keeps its examiners.
Updated on Nov. 6, 2026 in Remote Work
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The Government Accountability Office reported Thursday that USPTO efforts to shrink its patent application backlog may be undermined by pressure on examiners. The agency has set a goal of fewer than 599,000 pending applications by 2031, and businesses that depend on patent timelines should note the risk to examination schedules.
Why it matters
The USPTO is pushing examiners toward higher work quotas while its examiner turnover is already high and training has been cut back. GAO's assessment suggests that backlog reduction without lowering examiner attrition is unlikely to meet the 2031 target.
The USPTO has set a target of fewer than 599,000 pending patent applications by 2031. The extraction does not provide the current backlog or examiner turnover figures against which that target can be measured.
The players
United States Patent and Trademark Office (USPTO)
The federal agency that examines and grants patents and registers trademarks, with direct authority over the timelines businesses face for patent protection.
Government Accountability Office (GAO)
The nonpartisan audit arm of Congress that evaluates federal agency performance and spending, and whose reports often shape oversight of agency operations.
The details
The USPTO is pressing patent examiners to increase efficiency through higher work quotas. At the same time, the agency has reduced examiner training and expanded other measures. GAO's assessment is that these efforts may not reduce the backlog to the target level unless examiner attrition also falls, since the agency already experiences a high turnover rate.
Timeline
Thursday: GAO released its report on USPTO backlog efforts, before November 6, 2026.
2031: The USPTO's target year for reducing the backlog to fewer than 599,000 applications.
Market Landscape
GAO's review frames the USPTO backlog as a workforce problem rather than only a processing one. For businesses that rely on patent protection, the agency's ability to retain examiners will likely determine whether pendency times improve.
Businesses awaiting patent decisions should plan for continued examination delays while the USPTO pursues its 2031 target. Operators in patent-dependent industries may want to factor longer pendency into product and licensing timelines, and should consult qualified intellectual property counsel on specific filings.
The takeaway
The backlog target depends on keeping examiners in place, not only on raising output quotas. Operators with patent-dependent plans should track future GAO and USPTO updates on examiner attrition as an early indicator of whether pendency will improve.
Further reading
For related context on how remote and flexible work arrangements affect retention in federal and private workforces, see Remote Work.
Source note: This article includes information reported by Bloomberglaw.
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