"Although the federal government shutdown appears ready to begin at 12:01 AM on October 1, 2025, the United States Patent and Trademark Office is likely to continue in normal operation by drawing on its Operating Reserve which the agency has been building up over the past several years. A prolonged shutdown would eventually exhaust the reserves and trigger an end to spending."
"The constitutional foundation for shutdown protocols lies in the Appropriations Clause, which provides that " No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law." U.S. Const. art. I, § 9, cl. 7. This clause requires congressional approval before executive agencies may spend federal funds. The Antideficiency Act, 31 U.S.C. § 1341 et seq., enforces this constitutional mandate by prohibiting agencies from creating obligations or making expenditures exceeding available appropriations."
A federal government shutdown beginning October 1, 2025 would not immediately halt United States Patent and Trademark Office operations because the agency can draw on an Operating Reserve accumulated over several years. A prolonged lapse would deplete the reserve and end spending. The Appropriations Clause requires congressional approval before executive agencies spend federal funds, and the Antideficiency Act prohibits obligations or expenditures without appropriations except for narrow life- or property‑protecting emergencies. During lapses agencies must furlough employees and suspend operations unless prior appropriations or mandatory authorities provide funding. Spending the USPTO reserve uses funds previously appropriated and does not create new obligations.
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