On Thursday, August 28, 2025, the President of the United States issued an Executive Order which effectively disbanded the union representing patent examiners (POPA). As a justification, the Order stated patent examiners are directly related to national security.

The possible results of this order are extraordinary. As the majority of patent examiners work remotely by right as negotiated by the POPA union, the logical expectation is that examiners will soon be required to work in an office overseen by the U.S. Patent and Trademark Office (USPTO). Logically, it is expected that a large number of patent examiners will resign, as working in a USPTO office is not a realistic option because examiners changed their lives based upon the negotiated right to work remotely. Fewer examiners mean slower examinations and longer pendency for applications.

At an even higher level, considering the recent proposal to tax U.S. patents using a yet-to-be-determined valuation methodology, the significant increase in the denial of Patent Trial and Appeal Board (PTAB) petitions to challenge the validity of issued patents by the USPTO commissioner using novel reasons, and the elimination of the patent examiner’s union, turmoil continues to roil the IP system in the United States. Having long been a leader in IP protection, from a numbers perspective and from a subjective perspective, the turmoil can only reduce the stature of the U.S. IP system.

For applications that are pending, applicants can expect more delays and slower responses from the USPTO. While artificial intelligence (AI) may be able to increase examiner efficiency, examiners still need to review the work of AI systems. The stated goal of the executive branch is to improve patent quality by requiring examiners to work in a USPTO office, but the short-term effects of examiner resignations and increased patent application pendency will be challenges to pending patent applicants.