The GAO's April 2025 report critiques the USPTO's ongoing struggles with patent quality, stemming from inadequate planning and misaligned performance metrics. Despite some reforms since previous reports, examiners still prioritize speed over quality, raising concerns about the effectiveness of patent examinations. The report finds that combined, roughly 40% of litigated patents are invalidated, indicating a need for better oversight and clearer goals. Stakeholders are urged to reassess how patent quality is defined and evaluated to restore trust in the patent system.
Without stronger internal controls, clearer goals, and more accurate performance data, the agency risks perpetuating a system where patents are granted too quickly and challenged too often.
The report identifies multiple gaps in how the agency measures both examiner performance and overall patent quality and calls on the USPTO to adopt more transparent, outcome-based approaches.
Despite modest reforms since the GAO's 2016 reports, USPTO examiners say they are still incentivized to prioritize speed and quantity of output over examination quality.
According to the GAO, the USPTO granted roughly 365,000 patents in FY2024, out of over 527,000 applications. Yet roughly 40% of litigated patents are ultimately invalidated, raising questions about examination rigor.
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