According to The Hill, the U.S. federal government is on the brink of a shutdown with seemingly little hope in sight for a resolution. If a last minute deal is not struck the government will shutdown at midnight tonight. Politico reported earlier this morning that federal agencies are bracing for the shutdown, dusting off contingency plans. Regardless of any government shutdown, the United States Patent and Trademark Office (USPTO) will continue normal operations.

Unlike other agencies, the USPTO has access to fees collected and will be able to continue normal operations for at least a few weeks, according to Commerce Secretary Wilbur Ross.

An e-mail sent by Ross to USPTO employees early this afternoon was obtained by IPWatchdog, and is reproduced below. Another e-mail sent by Acting USPTO Director Joe Matal sent late this afternoon is also reproduced below.

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From: USPTO Broadcast

Sent: Friday, January 19, 2018 12:33 PM

Subject: Appropriations Status Update

As many of you are aware, annual funding for the government expires on January 19th. The Administration does not believe it is necessary for a lapse in funding to occur and looks forward to working with the Congress to finalize appropriations for this year.

However, prudent management requires that we be prepared for all contingencies, including the possibility that a lapse could occur. A lapse would mean that a number of government activities would cease due to a lack of appropriated funding and that a number of employees would be temporarily furloughed. To prepare for this possibility, we are working to update our contingency plans for executing an orderly shutdown of activities that would be affected by a lapse in appropriations.

Should such a lapse occur, the USPTO would still have access to prior year fee collections, which enables the agency to continue normal operations for a few weeks. USPTO employees should report to work as normal until and unless you receive notice otherwise. We are working with your Office of General Counsel and Chief Financial Officer to update our contingency plans should the USPTO need to execute an orderly shutdown of activities after that point.

Thank you for your hard work, dedication, and patience through this process, and for all that you do for the Department of Commerce and the American people.

Sincerely,

Wilbur L. Ross

Secretary of Commerce

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From: USPTO Broadcast

Sent: Friday, January 19, 2018 4:21 PM

To: AllUSPTOEmployees

Subject: USPTO’s Operating Status

Dear Colleagues,

As you learned from Secretary Ross’s announcement earlier today, the USPTO will remain open and running as normal if the federal government shuts down tonight. For tomorrow, and for the near future, it will be business as usual within the USPTO.

Because the USPTO maintains sufficient carryover funding from prior fiscal years, our agency has the ability to stay open for business for a few weeks using these available reserves. During that time we would continue to conduct our duties and serve our nation by processing the patent and trademark applications that drive our country’s innovative economy. Should we exhaust these funds before a government shutdown comes to an end, the USPTO would have to shut down at that time, although a very small staff would continue to work to accept new applications and maintain IT infrastructure, among other functions.

We continue to assess our fee collections compared to our operating requirements to determine how long we should be able to operate during a government shutdown; we will update you as more definitive information becomes available.

I realize you likely have more questions. As new information becomes available, we will inform you promptly and thoroughly. Thank you for your hard work and the continuing dedication you demonstrate to the American people.

Sincerely,

Joe Matal

Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO

UPDATED: 4:49pm to include the e-mail from Acting USPTO Director Joe Matal.