When the federal government entered a funding lapse on October 1, 2025, many independent inventors and small businesses were left wondering how the government shutdown might affect their rights. Here in Las Vegas, where entrepreneurs move fast and competition is intense, the concern makes sense. Intellectual property isn’t just a legal formality. Intellectual property is fundamental to a successful business.

Now, we’ve entered into the second month of the shutdown. People are starting to feel the effects here in Vegas and across the country.

Fortunately, the United States Patent and Trademark Office (USPTO) is still operating. Unlike most federal agencies, the USPTO doesn’t rely entirely on taxpayer funding or annual congressional approvals. Instead, it runs on the fees paid by applicants — fees you and other inventors have already paid. Thanks to these collected fees and a reserve fund, the USPTO continues accepting and processing filings during the shutdown. You can file new patent and trademark applications, receive office actions, and maintain priority dates like normal — at least for now.

Things get a little more complicated when we look inside the USPTO. The Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB) handle disputes like patent appeals, inter partes reviews, and trademark oppositions. Both boards remain open, but they’re working with limited staff. That means your pending appeal or opposition will probably move forward, but you may see slower decisions or delayed hearings. Other branches within the USPTO have cut staff, but have not ceased operations. Should the shutdown continue, more staff cuts are likely.

The federal courts add another layer. Most patent and trademark lawsuits happen in federal district courts, and appeals go through the U.S. Court of Appeals for the Federal Circuit. These courts also continue operating during the shutdown, but their funding isn’t guaranteed indefinitely. As the shutdown continues, the courts may reduce nonessential operations, reschedule hearings, or delay rulings — especially in cases that involve government attorneys or agencies.

Here’s what this means if you’re inventing, building, or enforcing your IP in Las Vegas: If you’re ready to file, don’t wait. The USPTO is still accepting applications, and holding off won’t make things any easier later. If you’re already involved in an appeal or litigation, expect the process to continue but stay flexible. Build a little extra time into your plans, check for updates, and stay in communication with your attorney.

Speaking from experience, I’ve been through enough government shutdowns to know that the system keeps going. Politics will be politics, and sometimes those politics spill over into the practical side of government. But if history has shown us anything, it’s that the U.S. patent and trademark systems have stood the test of time. The wheels may turn a little slower during disruptions, but they don’t stop. Your rights are still worth pursuing, and your innovation is still worth protecting.

Las Vegas thrives on new ideas. Whether you’re developing a tech tool for casinos, designing a new consumer product, or building a lifestyle brand, your intellectual property is part of your edge. The shutdown hasn’t changed that.

If you’re unsure how all of this affects your application, deadline, or dispute, feel free to reach out. The Thornton Firm is here to help you navigate the process — no matter what’s happening in Washington.