BY KATHI VIDAL

Unpredictable macro effects, including a pandemic that had an outsized impact on our application inventories, have created an “inherited backlog” of patent and trademark applications.

In 2020 and 2021, the USPTO and other intellectual property (IP) offices around the world predicted a slowdown in patent filings and adjusted hiring targets accordingly. However, the slowdown in filings was more modest and short-lived than expected. That, combined with the increased time allotted per application and the competitive labor market for those with the technical degrees and backgrounds needed for patent examination, resulted in an increased backlog.

Regarding trademarks, during the pandemic more people started their own companies, launched new products, increased cross-border e-commerce, and filed trademark applications to improve their brand protection. That led to unprecedented application levels in fiscal years 2020 and 2021.

Over the past two years, USPTO leadership has worked with our employee unions to implement immediate measures to address pendency times for patent and trademark applications. We are also working with our more than 10,000 employees in Patents and nearly 1,200 employees in Trademarks on additional measures to provide an even more efficient, thorough, and well-reasoned review of each application.

In 2022, the USPTO began implementing processes for routing patent applications to increase the likelihood that a patent application would be assigned to an examiner with the right technical background in the first instance. We also extended working hours.

The USPTO also recognizes that optimizing workflow plays a key role in reducing our inventory of unexamined patent applications. Not only are we overhauling our approach to timing and routing, we are also making great strides in improving the classification process and exploring the use of artificial intelligence to get the correct application to the examiner with the relevant expertise.

If you have ideas to help us further reduce pendency, please share them at uspto.gov/about-us/engage-director.

Kathi Vidal is under secretary of commerce for intellectual property and director of the United States Patent and Trademark Office.