At midnight on Friday, December 21, 2018, the U.S. government entered a partial shutdown, which means all non-essential federal departments will close operations until funding has been appropriated by Congress. This includes national parks, NASA, and federal agencies. Those exempt include airports and the U.S. Postal Service, which will continue normal service through Christmas Eve, December 24, but cease operations on Christmas, December 25, which is a regular federal holiday.
Also exempted are those agencies that do not rely on federal appropriations because of alternative funding sources. This includes the IP offices – United States Patent and Trademark Office (USPTO), and the Copyright Office. However, there are some caveats. First, the USPTO released a notice that it is still operational despite the shutdown. However, President Trump released an Executive Order on December 19, 2018, making Christmas Eve a holiday for federal workers, which means the USPTO will also be closed on December 24. This was further confirmed by USPTO Director Andrei Iancu’s statement on December 21, 2018, making Christmas Eve a holiday for purposes of action and fee deadlines. So, for example, if a response to an office action was originally due November 24, 2018, and extended one-month under 37 C.F.R. §1.136(a) to December 24, 2018, it would now be timely due on Wednesday, December 26, 2018, the next business day at the USPTO. Of course, the EFS-Web and TEAS online systems are still operational despite the shutdown and any action filed through these systems will receive the filed date of the receipt confirmation.
Second, the Copyright Office is closed December 24 and 25, and are also not affected by the partial shutdown but still subject to the Executive Order. The Office reopens on December 26. The eCO system remains operative during the December 24-25 office closure.
It is unknown how long this shutdown will continue, but there are already concerns that it will continue into 2019. This would impact, of course, the New Year’s Day holiday. We will continue to monitor the events, and update the blog when more information is available.