U.S. Patent Backlog Still Around 756,000, and GAO Says the Goal May Slip Past 2031
On November 5, GAO reported that the patent backlog fell from about 838,000 to about 756,000, yet wait times for a final decision rose 11%. With examiner attrition still high, the USPTO may not reach its backlog goal before 2031.
What happened
On November 5, 2026, the U.S. Government Accountability Office (GAO) released a report (GAO-27-108491) on the U.S. Patent and Trademark Office’s efforts to cut its patent backlog. GAO found that unless examiner attrition comes down, the USPTO is unlikely to reach its backlog goal before 2031, and that its current push for speed may put examination quality at risk.
Key figures
According to the GAO report summary:
- Backlog size: applications awaiting a first action peaked at about 838,000 in January 2025 and fell to about 756,000 by August 2026.
- Goal: in September 2025 the USPTO set a goal of fewer than 599,000, the 2020 level, with no deadline.
- Wait times: even as the backlog shrank, average wait times for a final patentability decision rose 11% from January 2025. GAO noted some applicants wait more than 20 months for a first decision.
- Examiner attrition: attrition rose from 2.9% in fiscal year 2020 to 7.6% in fiscal year 2025, and the 12-month rate was still 7.6% as of August 2026.
How the USPTO is speeding up, and the concerns
Per GAO, the USPTO is requiring examiners to review more applications, has cut examiner training, and has expanded AI search tools. Stakeholders told GAO:
- These efforts may not be sustainable and could keep attrition high;
- Heavier workloads and less training pose risks to examination quality;
- AI search tools do not yet reliably return useful results.
The USPTO also paused a survey measuring stakeholder views on examination quality.
GAO recommended that the USPTO Director assess and address these risks. Per GAO’s website, the USPTO did not provide comments and did not provide information GAO requested.
What this means for applicants
Our assessment:
- Patent examination is still slow. Unlike trademark examination, which has sped up markedly, the patent backlog remains large, so applicants should plan for long waits.
- Watch examination quality. With heavier workloads and less training, the strength of issued patents may suffer. If you are sued on a patent, there may be more room to challenge its validity.
- Filing early matters more. If a new product is headed to the U.S. market, file early to secure a filing date.
Our suggestions
- If you have new designs or products for the U.S. market, assess early whether to file a U.S. design or utility patent
- If you need a patent quickly, evaluate the USPTO’s expedited examination options and their costs
- If you are sued on a patent, including in a Schedule A case, have counsel assess both infringement and validity
Sources
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