USPTO to Require More Information for Patent Delay Petitions Starting Aug. 13
The United States Patent and Trademark Office will tighten requirements for petitions based on unintentional delay, requiring additional information and a fee after a delay of more than one year instead of more than two years.
The change takes effect Aug. 13, 2026, and applies to new petitions filed after that date. It will affect patent applicants, patent holders and inventors seeking action on applications or patents after an unintentional delay.
What is changing
Under the USPTO’s revised practice, the agency will use a one-year threshold when determining whether to require additional information and a fee in petitions based on unintentional delay. The existing threshold is a delay exceeding two years.
That means a petition involving a delay of more than one year but no more than two years will fall into the category covered by the new requirements once the change takes effect. The shift does not apply retroactively to every petition: the effective-date rule covers new petitions filed after Aug. 13, 2026.
The change concerns the USPTO’s treatment of petitions filed in patent applications and patents. It does not, by itself, establish that a petition will be denied. Instead, it changes when the agency will require petitioners to provide additional information and pay a fee in connection with an unintentional-delay petition.
Why the timing matters
Applicants and patent holders who miss a deadline can face additional work when they seek to move forward after the delay. Once the new threshold is in effect, a delay that previously fell outside the more-than-two-year trigger may require supporting information and a payment if it exceeds one year.
That creates earlier documentation and cost considerations for people and organizations trying to revive a patent application or patent after an unintentional delay. It also adds timing pressure: petitioners will need to account for the new requirement when preparing a filing made after the effective date.
The practical effect will depend on the circumstances of each petition, including the length of the delay and the information submitted to the USPTO. The agency’s notice does not quantify how many petitions will be affected each year or estimate the total fees or costs applicants may face.
Who is covered
The rule applies nationwide because it is being issued by the federally responsible patent agency. The affected group includes people and organizations with patent applications or patents who rely on the unintentional-delay process after missing a required deadline.
For inventors and patent holders, the key date is Aug. 13, 2026. A new petition filed after that date will be evaluated under the revised threshold, including the requirement for additional information and a fee when the delay exceeds one year.
The change is narrower than a general rewrite of patent law. It addresses the USPTO’s requirements for a specific type of petition based on unintentional delay. The notice identifies the new trigger and effective date; petitioners will need to review the applicable filing requirements when preparing a submission.
What happens next
The revised practice begins Aug. 13, 2026. Until then, the prior threshold for requiring the additional information and fee remains more than two years. After the effective date, new petitions involving delays longer than one year will face the lower threshold.
For anyone planning a petition, the distinction between when a delay occurred and when a petition is filed will be important because the rule expressly applies to new petitions filed after the effective date. The USPTO’s action gives applicants and patent holders a defined transition date, but does not provide a nationwide estimate of the number of cases or the aggregate financial effect.
Sources
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