What the US Government Shutdown means for American Intellectual Property

The US government shutdown on 1 October 2025 after their Congress and Senate failed to agree a bill for funding government services. This means that all non-essential functions are ceased by federal agencies until a bill is passed, and there has been heavy speculation as to the current fate of the United States Patent and Trade Mark Office (“USPTO”).

Due to the government shutdown, the USPTO has issued Reduction in Force (“RIF”) notices to some of its employees, as well as closing down its outreach office in Denver, Colorado in order to save costs. One of the main saviours of the USPTO has been that the vast majority of its employees work remotely, which has resulted in a much lower expenditure compared to other federal agencies. In a statement, the USPTO stated that 96% of its employees worked away from offices, and that its offices were primarily for satellite and outreach purposes.

However, the USPTO is fee-funded, which means that it operates using the fees paid by users of the services that USPTO offer. As such, the USPTO remains open even during government shutdowns. This could be a matter to keep an eye on if you plan on expanding into the US market, especially as Congress attempts to pass a funding bill to resume federal services.

If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

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