On June 24, 2026, the United States Patent and Trademark Office (USPTO) published a final rule in the Federal Register introducing significant changes to the practice governing petitions based on unintentional delay in patent applications and patents. The new rule shortens the threshold for requiring additional information from “more than two years” to “more than one year,” and adjusts the applicable petition fee conditions accordingly. The rule takes effect on August 13, 2026, and applies to any new petition filed after that date.
Background of the Amendment
Under the current rules, applicants seeking to revive an abandoned application, accept a late maintenance fee payment, accept a late priority or benefit claim, or excuse a failure to act within prescribed time limits under the Hague Agreement must file a petition and declare that the entire period of delay was unintentional.
Previously, the USPTO required additional information to explain the cause of delay only when the petition was filed more than two years after the relevant due date. The amendment shortens this period to one year. Accordingly, any petition filed more than one year after the deadline must now be accompanied by a detailed explanation of the circumstances surrounding the delay to demonstrate that the entire delay was unintentional.
The USPTO stated that this change is intended to enhance the certainty and predictability of patent rights. The longer the delay, the less likely it is that the entire period was unintentional. Requiring a timely and detailed explanation helps protect the public interest by preventing unwarranted revival or reinstatement, and also encourages applicants to regularly monitor case status and take prompt corrective action when necessary.
Fee Adjustments
Because the lower threshold for additional information increases the USPTO’s workload and review costs, the fee schedule has been revised accordingly. The higher petition fee, which previously applied when a petition was filed more than two years after the due date, will now apply when the petition is filed more than one year after the due date. The fee amounts themselves remain unchanged: $3,000 for large entities, $1,200 for small entities, and $600 for micro entities.
Important Notes
The USPTO emphasizes that even if the delay does not exceed one year, it may still require additional information whenever there is a question as to whether the delay was unintentional. Additionally, petitioners must ensure that all statements regarding unintentional delay are accurate and truthful. False or misleading statements may result in a finding of inequitable conduct, rendering the patent unenforceable.
The new rule applies to all petitions filed on or after August 13, 2026. Petitions filed before that date will continue to be governed by the previous two‑year threshold. The USPTO will update the Manual of Patent Examining Procedure (MPEP) in due course to reflect these changes.
Source: https://www.federalregister.gov/documents/2026/06/24/2026-12717/conditions-for-additional-information-and-fee-in-petitions-filed-in-patent-applications-and-patents
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