Applicants facing USPTO deadlines over the next few days should not assume that the USPTO will be closed in the event of a federal government shutdown. Quite to the contrary, Director Kappos has informed USPTO personnel that the USPTO will remain open, at least in the near term.

The Director's message also indicates that, even in the event of a longer shutdown, at least some USPTO personnel will continue to work "to accept new applications and maintain IT infrastructure." Thus, Applicants should not assume that any deadlines will be extended or waived.

A Message from Director David Kappos

Dear Colleagues,

As you know, the Administration is working diligently with Congress to ensure that the federal government remains open and continues to do its work on behalf of the American people. However, I wanted to personally inform you that even in the event of a government shutdown on April 9, 2011, the United States Patent and Trademark Office will remain open and continue to operate as usual, for a fixed period, with all USPTO staff continuing to work and being paid.

Because the USPTO maintains sufficient funding not linked to the current fiscal year, the USPTO can and will stay open for business. We have enough available reserves to remain in operation for six business days and intend to do so. During that time we will continue to process the patent and trademark applications that drive our country's innovative economy. Should a shutdown continue longer than the six-day period, a small staff will continue to work to accept new applications and maintain IT infrastructure, among other functions.

I know this news may prompt some additional questions. As soon as any new information comes to light, we will make sure to inform you thoroughly and promptly. Your respective business unit managers will also be reaching out to you to provide further clarification if needed.

Thank you for your hard work and your continued public service.

Sincerely,

David Kappos