USPTO backlog target jeopardized by examiner attrition, GAO warns
GAO says the agency's goal to cut the patent backlog to under 599,000 may be missed without reducing examiner turnover.
The United States Patent and Trademark Office announced in September 2025 a goal to lower its patent application backlog to under 599,000 cases. GAO's review finds that high examiner attrition could prevent the agency from meeting that target.
The backlog stood at about 838,000 applications in January 2025 and fell to roughly 756,000 by August 2026, while average applicant wait times for a final decision rose 11 percent over the same period. The agency's current strategy relies on requiring examiners to process more applications, cutting training time, and expanding AI search tools.
GAO's analysis of fiscal-year 2020-2025 data shows the 12-month examiner attrition rate climbed from 2.9 percent in FY2020 to 7.6 percent in FY2025, and remained at 7.6 percent as of August 2026. Stakeholders - including the patent examiners' union and former officials - said the increased workload and reduced training risk both retention and examination quality. GAO projects that, even with examiners handling more work, the backlog is unlikely to drop below 599,000 before 2031 unless attrition declines.
The report recommends that the USPTO Director assess and address the risks that backlog-reduction efforts pose to examiner retention and examination quality (Recommendation 1). The agency has not commented on the recommendation, and its status remains open.
GAO's findings highlight a tension between accelerating case throughput and preserving a skilled examiner workforce, suggesting that without corrective action the USPTO may fall short of its stated backlog reduction goal.
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