What GAO Found The backlog of unexamined patent applications awaiting an initial decision from the United States Patent and Trademark Office (USPTO) rose to about 838,000 applications in January 2025. In September 2025, the USPTO announced a goal to reduce the backlog to under 599,000 applications but did not specify a time frame for reaching it.
The backlog was last at that level in 2020. To reduce the backlog, the USPTO is requiring patent examiners to review more applications, has decreased examiner training, and has expanded the use of AI patent search tools. As of August 2026, the USPTO reduced the backlog to about 756,000 applications, but average applicant wait times for a final patentability decision had increased by 11 percent since January 2025.
GAO’s analysis found that, even with examiners doing more work, the USPTO is unlikely to reduce the backlog to under 599,000 patent applications before 2031 without lowering examiner attrition (see figure).
The backlog was last at that level in 2020. To reduce the backlog, the USPTO is requiring patent examiners to review more applications, has decreased examiner training, and has expanded the use of AI patent search tools.
As of August 2026, the USPTO reduced the backlog to about 756,000 applications, but average applicant wait times for a final patentability decision had increased by 11 percent since January 2025.
GAO’s analysis found that, even with examiners doing more work, the USPTO is unlikely to reduce the backlog to under 599,000 patent applications before 2031 without lowering examiner attrition (see figure). The examiner attrition rate increased from 2.9 percent in fiscal year 2020 to 7.6 percent in fiscal year 2025.
The agency is seeking to hire more examiners, but if high examiner attrition continues, it will affect the USPTO’s ability to reduce the backlog. As of August 2026, the 12-month examiner attrition rate was 7.6 percent.