As the federal government nears a funding lapse entering fiscal year 2026, many creators, businesses, and IP owners are asking: What happens to my patents, trademarks, and copyrights if there’s a government shutdown? While the full impact depends on how long the shutdown lasts and which agencies are deemed “essential,” here’s what you need to know to prepare and protect your intellectual property.
Why IP Services Could Be Affected
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USPTO Depends on Federal Appropriations
The U.S. Patent and Trademark Office (USPTO) is part of the Department of Commerce and relies on federal appropriations to fund its operations. In previous shutdowns, USPTO had “operating reserves” that allowed it to continue processing for a limited period. Foley Hoag+2USPTO+2But once those reserves deplete, USPTO may need to scale back or suspend non-essential functions, furlough examiners, or limit services. Foley Hoag
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Copyright Office, Federal Courts & Enforcement
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The U.S. Copyright Office is another federal agency that could see disruptions. During past funding lapses, personnel were reduced, leading to delays in processing registrations or recordations. Foley Hoag
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Federal courts may curtail non-urgent cases or face staffing constraints, which can slow down litigation or enforcement of IP rights.
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Delays and Uncertainty
Even if USPTO and other offices remain partially open, shutdowns often cause delays in examination, issuance, responses to office actions, or processing of new applications. Agencies tend to focus only on critical or high-priority tasks, leaving other matters on hold.
What IP Holders Should Expect
Here’s a breakdown of what might happen during a shutdown:
| IP Area | Likely Effects | What You Should Watch For |
|---|---|---|
| Patent Applications / Prosecution | Delay in examination, possible furlough of examiners, slower responses | File proactively, monitor deadlines, use extensions when necessary |
| Trademark Applications / Prosecution | Delay in examination or objections, slower correspondence | Be ready for longer wait times, plan filings ahead |
| Copyright Registrations / Recordations | Slower processing, backlog increases | Submit earlier, check processing status more frequently |
| Enforcement / Litigation | Case delays, slower motions, or paused court schedules | Anticipate delays in IP-related litigation |
| Maintenance / Renewal Filings | If filing windows or due dates fall during shutdown, complications may arise | Stay alert for notices from USPTO / Copyright Office about extensions or grace periods |
What Can You Do to Mitigate the Risk?
1. File Early — Don’t Delay
If you have a patent, trademark, or copyright registration pending, consider submitting applications sooner rather than later. A shutdown could introduce weeks or months of extra lag time.
2. Maintain Buffer Time for Deadlines
Whenever possible, give yourself cushion time before deadlines so that if services slow or pause, you’re less likely to miss a filing window.
3. Monitor Agency Announcements
Watch the USPTO, Copyright Office, and Department of Commerce for statements on operating status, contingency plans, or temporary rules. For example, USPTO posts operating status updates on its site. USPTO
4. Use Extensions and Grace Periods Wisely
Some IP offices may grant relief, extensions, or accept late filings if shutdown conditions are declared. Stay aware of emergency provisions or notices.
5. Work With an Attorney or IP Professional
When agencies face disruptions, an experienced IP attorney can help you navigate changing rules, file strategically, or take alternative steps to protect your rights.
Bottom Line
A 2025 government shutdown could slow down many IP processes—patent and trademark examinations, copyright registrations, enforcement, and legal proceedings may all face delays. BUT - such disruptions aren’t necessarily catastrophic if you plan ahead.