An Executive Order excludes employees in the USPTO patents unit and the Office of the Chief Information Officer from protections under Chapter 71, citing national security, intelligence, counterintelligence, and investigative functions as primary. The Order names the Office of the Commissioner for Patents and subordinate units while leaving trademark examiners unaffected. The Order asserts that Chapter 71 cannot be applied to those subdivisions consistent with national security requirements. POPA represents patent examiners and NTEU Chapter 243 represents various non-professional USPTO staff across multiple departments and agencies.
"The administration has determined that the Patents business unit and the Office of the Chief Information Officer (OCIO) business unit have 'as a primary function ... national security work....'" - Coke Stewart internal memo
"The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations."
Just before Labor Day weekend, President Donald Trump issued an Executive Order excluding employees in the patents unit and Office of the Chief Information Officer (OCIO) of the U.S. Patent and Trademark Office (USPTO) from joining the Patent Office Professional Association (POPA), which represents patent examiners, or the National Treasury Employees Union Chapter 243 (NTEU 243), which represents non-professional employees.
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