Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay

Document 2026-12717 is a Final Rule published by the Department of Commerce in the Federal Register on June 24, 2026, with an effective date of August 13, 2026. 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. This action is being taken to increase certainty and predictability concerning patent rights, and to encourage the timely filing of grantable 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. In addition, the USPTO is changing the conditions for when the corresponding petition fee is required. View the original at https://www.federalregister.gov/documents/2026/06/24/2026-12717/conditions-for-additional-information-and-fee-in-petitions-filed-in-patent-applications-and-patents.

No. Document 2026-12717 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.