In a move officials describe as “innovative workforce optimization,” the U.S. Patent and Trademark Office (USPTO) has announced plans to rescind the Special Rate Table (SRT) for patent examiners—an action intended to increase opportunities for paid overtime by first lowering base salaries.

According to agency leadership, the proposal—submitted by Deputy Director Coke Stewart to the Office of Personnel Management (OPM) and approved late Tuesday evening—addresses a longstanding structural issue: many patent examiners, Supervisory Patent Examiners (SPEs), and other senior staff quickly reach the federal SES pay cap due to the SRT’s elevated base pay. Once capped, employees are unable to earn additional compensation through overtime, even when workloads increase.

“Examiners have consistently told us they want more flexibility to contribute,” Stewart said in a statement. “By recalibrating base pay, we’re creating meaningful space under the cap so employees can once again benefit from overtime opportunities.”

“A Win-Win for Morale and Productivity”

USPTO leadership framed the decision as a direct response to concerns about declining morale and a growing patent backlog. In recent remarks, agency officials have pointed to the backlog as a primary source of examiner dissatisfaction.

“Morale is closely tied to a sense of impact,” one senior official explained. “When examiners are unable to work additional hours—even when they want to—it can feel like a missed opportunity to contribute. This change restores that option.”

Under the revised pay structure, base salaries would decrease to align with standard General Schedule rates, effectively lowering total compensation ceilings. Officials emphasized that this would allow examiners to work significantly more paid overtime before hitting the salary cap.

Mixed Reactions from the Workforce

Initial reactions from examiners have been… measured.

“I always thought the problem was too much pay and not enough overtime,” one examiner said, pausing briefly. “So this really clears things up.”

Another examiner noted the “elegance” of the solution. “You can’t hit the cap if the cap is further away,” they said. “It’s just math.”

SPEs, who are also affected by the pay cap, expressed cautious optimism. “We’ve long been looking for ways to motivate our teams,” one supervisor said. “And nothing motivates quite like the opportunity to earn back what you just lost.”

OPM Applauds “Creative Compensation Strategy”

In its approval memo, OPM praised the USPTO’s approach as a “forward-thinking alignment of incentives,” noting that the plan “demonstrates how compensation structures can be leveraged to encourage increased output without technically increasing pay.”

OPM officials declined to comment on whether similar strategies might be applied elsewhere in the federal government but acknowledged “significant interest” from other agencies facing workload challenges.

Implementation Timeline

The USPTO indicated that the change will take effect at the beginning of the next pay period, with updated salary tables and overtime guidance to be distributed “shortly thereafter, pending morale recalibration.”

Employees are encouraged to attend one of several upcoming informational webinars (no other-time provided) titled:
“Earning More by Making Less: Understanding Your New Opportunities.”