On October 1, 2025, the federal government entered a shutdown, and there are impacts on the IP space. While the USPTO and Federal Circuit remain operational for now, proceedings before the ITC are paused, affecting Section 337 investigations and related enforcement actions. The following is a brief overview of the shutdown’s impact across these key areas.
USPTO Operations will Continue During Government Shutdown
The United States Patent and Trademark Office (USPTO) will remain open and fully functioning even as other federal agencies brace for disruption due to the shutdown of the U.S. government. However, the USPTO warns that an extended shutdown would eventually require disruptions. The USPTO is responsible for the examination of patent and trademark applications, and the administration of Inter Partes Reviews (IPRs) and examination appeals.
Federal Circuit will Remain Open during Government Shutdown
Chief Judge Moore indicated in an order that the Federal Circuit will remain open and available to hear and resolve cases during the shutdown. The Court will use its fee authority and no-year appropriations to fund its activities, which will continue as scheduled. Accordingly, absent a subsequent order, all arguments will proceed as scheduled and all filing deadlines remain in effect. This includes arguments scheduled for the Court’s October session held in and around Boston. After the funds are exhausted, some Court functions may be delayed, but the Court will continue to hear and resolve cases.
ITC Operations will Cease During Government Shutdown
The International Trade Commission has ceased regular operations during the shutdown, which has an immediate impact on ongoing Section 337 investigations for IP-related claims. The ITC has suspended hearings, and disabled document filing through its EDIS system. The ITC expects to reschedule hearings after regular operations resume. Rulings on pending litigation will likely not be issued until the shutdown is over.
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