The backlog moved in the right direction but remains far from target
The Government Accountability Office reported that the U.S. Patent and Trademark Office reduced its unexamined patent-application backlog from about 838,000 in January 2025 to about 756,000 in August 2026. The agency’s target is fewer than 599,000.
The starting gap to 599,000 was 239,000 applications. The 82,000 reduction closed 34.31% of that gap, leaving 157,000 applications above 599,000. Because the goal is below 599,000, the true remaining reduction is slightly larger.
| Measure | Applications |
|---|---|
| January 2025 backlog | 838,000 |
| August 2026 backlog | 756,000 |
| Published threshold | Below 599,000 |
| Reduction achieved | 82,000 |
| Share of initial gap closed | 34.31% |
Examiner attrition rose faster than the backlog fell
GAO says examiner attrition increased from 2.9% in fiscal 2020 to 7.6% in fiscal 2025. The later rate is about 2.62 times the earlier rate, a workforce problem because new examiners require specialized hiring and training before they reach full production.
The watchdog’s modeling indicates USPTO is unlikely to reach the backlog goal before 2031 unless attrition declines. That is a projection based on stated assumptions, not a guarantee of the backlog in any particular year.
Applicants waited longer for final decisions
GAO also reports an 11% increase in the time to a final patent decision. A falling unexamined backlog can coexist with longer end-to-end waits because applications move through multiple examination stages and workforce constraints affect more than initial review.
USPTO did not provide requested information or comments for the report, according to GAO. That absence limits the public record’s explanation of what the agency disputes, accepts or plans to change.
Method and limits
What’s the Scoop With Broach calculated the gap-closure share and attrition multiple from GAO’s published figures and kept the 2031 statement framed as GAO’s model result. The newsroom did not inspect confidential applications or independently forecast examiner hiring.
Backlog size does not measure patent quality, and an application in the inventory is not necessarily meritorious. GAO issued one open recommendation aimed at workforce planning and attrition.
Sources and further reading
GAO-27-108491, Patent Office backlog and workforce review, November 5, 2026 ↗