USPTO key to economy – turns hegemony

The USPTO, which is the national patent office and trademark registration authority, is an agency within the U.S. Department of Commerce. The Department of Commerce (DoC) last provided a Plan for Orderly Shutdown Due to Lapse of Congressional Appropriations on September 27th, 2021.[2] The DoC has not provided an October 2023 (or FY2024) plan.

Closely intertwined with the USPTO, intellectual property is deemed critical to National Security and the U.S. Economy. Under the Executive Branch or the White House Administration, The Office of the Intellectual Property Enforcement Coordinator (IPEC) works constantly to protect American IP to stop damaging and illegal IP theft[3] (i.e., “protection of property”). The IPEC is required to work closely with the USPTO.

In general, the USPTO is “open” or “closed” according to the U.S. Office of Personnel Management (OPM), which posts a “current status” on the OPM website.[4] Interestingly, even when the USPTO is “closed” almost all business can still be conducted through USPTO electronic systems. The USPTO provides a website called “USPTO Systems Status and Availability”[5] that provides real time status of the USPTO electronic systems.

USPTO Operating Reserves (ORs)

While other non-essential agencies are furloughing staff during a shutdown, the USPTO keeps their staff working, at least due to operating reserves (ORs) funding on hand and national security concerns. Even though the Department of Commerce is the parent agency of the USPTO, the USPTO submits budget proposals including detailed accounting directly to Congress.[6] Furthermore, the IPEC submits an Annual IP Report to Congress, bringing together the advancement of efforts in IP by every major U.S. Agency, including property enforcement strategy and related efforts undertaken by departments and agencies.[7] In sum, the United States takes IP seriously, as a matter of national security.