USPTO Reaches Milestone: First Office Actions Outpace New Filings for First Time in Nearly a Decade

The U.S. Patent and Trademark Office announced on April 10, 2026 that it had reached a significant milestone in its patent pendency reduction efforts. For the first time in nearly a decade, the cumulative number of first office actions issued in fiscal year 2026 has exceeded the cumulative number of new applications filed in the same period. As of April 6, 2026, the USPTO’s inventory of unexamined patent applications stood at 776,995 — the lowest level in two years, down from a peak of 837,928 in January 2025.

Key Statistics

The USPTO’s announcement marks a structural turning point in the agency’s ongoing effort to reduce patent pendency. The inventory reduction was achieved while simultaneously exceeding all fiscal year patent quality statutory compliance targets — addressing a longstanding concern that faster examination could come at the expense of quality.

The office projects that the unexamined application inventory will continue to decline steadily through the third and fourth fiscal year quarters, which are historically the USPTO’s most productive half-year period. The agency is also on track for early achievement of its aggressive goal of virtually eliminating its inventory of unexamined applications that would otherwise exceed 36 months of pendency.

Director Squires’ Statement

USPTO Director John A. Squires, Under Secretary of Commerce for Intellectual Property, tied the announcement to his recent testimony before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet:

“As stated in my recent testimony before the House Judiciary IP subcommittee, we will both eliminate choking backlogs AND improve quality. While it may not seem like much, this milestone is significant because we’ve reached the tipping point of momentum now in favor of the applicant. Thanks to the hard work and dedication of our examiners – the best in the world at what they do – America’s Innovation Agency is back on its front foot. These metrics prove it. I’m especially gratified because at the same time, we’ve rightly welcomed more new applications under our new guidance, Desjardins precedent, and eligibility disclosure submission program.”

AI Pilot Program Supporting Backlog Reduction

The USPTO credits the Artificial Intelligence Search Automated Pilot (ASAP!) Program, launched in October 2025, as one of the tools supporting backlog reduction. The program uses an internal AI patent search tool to automatically generate a list of potential prior art references for participating applications, providing applicants with early notice before substantive examination begins. The program was extended through June 1, 2026, to allow further evaluation of its effectiveness.

Background

Patent examination backlogs have been a persistent challenge for the USPTO. The agency’s inventory grew through the pandemic years and a post-pandemic surge in technology filings, peaking at approximately 838,000 unexamined applications in early 2025. The April 2026 announcement, coming roughly 15 months into Director Squires’ tenure, reflects measurable improvement in the office’s throughput relative to incoming demand — and signals that structural backlog reduction may be achievable without sacrificing examination quality.