USPTO to require additional information and fee for petitions based on unintentional delays exceeding one year
To increase the certainty and predictability concerning patent rights and to encourage the timely filing of grantable petitions, the United States Patent and Trademark Office (USPTO) is revising its practice of requiring additional information for delays in taking certain actions in patent applications and patents from requiring additional information for delays exceeding two years to requiring additional information for delays exceeding one year. These petitions include petitions to revive applications, accept delayed maintenance fee payments, accept delayed priority or benefit claims, and excuse an applicant’s failure to act within prescribed time limits in connection with international design applications.
The USPTO previously required the additional information and higher fee for these petitions when the delay was greater than two years. The Office has now determined that if the period of delay is more than one year, there is sufficient concern regarding unintentionality to warrant the earlier requirement for the additional explanation of the circumstances surrounding the delay. Further, the benefits of the earlier requirement for additional explanation outweigh the additional burden for applicants and patentees to provide this information.
For additional information about the requirement that the entire delay be “unintentional” and the requirements for an adequate explanation that the entire delay was unintentional, see MPEP 711.03(c).
This final rule is applicable to any new petition filed on or after August 13, 2026.
Today, the final rule is available for public viewing in the Federal Register Reading Room as well as on the Patent Related Notices webpage, and on June 24, 2026, it will publish in the Federal Register.
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