In a recent interview with Federal News Network, Knobbe Martens partner Jarom Kesler provided insights into the impact of the government shutdown on intellectual property law, including how the United States Patent and Trademark Office (USPTO) and federal courts are managing operations during this period.
Kesler noted that the USPTO remains fully operational due to its fee-funded structure and, barring an extended shutdown, disruptions are unlikely for the majority of USPTO users. He also discussed the impact of the shutdown on federal courts, stating that while courts have reserve funds to continue operations, some quasi-judicial bodies like the International Trade Commission have already postponed proceedings. He observed that backlogs in patent litigation vary by jurisdiction, with popular venues experiencing delays.
On policy shifts at the USPTO, Kesler discussed recent initiatives proposed and enacted by Director John Squires that could potentially limit patent validity challenges, as well as the agency’s evolving stance on AI subject matter eligibility.
Listen to the full interview here for more on patent law during government shutdowns and AI patent eligibility trends.
For further analysis from Knobbe Martens intellectual property lawyers on USPTO policy updates, and to sign up for IP law insights, click here.
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