USPTO Tightens Rules for Late Patent Petitions
Published Date: 6/24/2026
Rule
Summary
The USPTO is changing the rules for petitions about unintentional delays in patent applications and patents. Now, if your delay is over one year (instead of two), you’ll need to provide extra info and might have to pay a fee. These changes start August 13, 2026, and aim to make patent rights clearer and encourage quicker action.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Higher Petition Fee Applies After One Year
Starting August 13, 2026, the higher petition fee in 37 CFR 1.17(m)(1) applies when a relevant petition is filed more than one year after the required action was due. The fee table lists $600 for micro entities, $1,200 for small entities, and $3,000 for other than small or micro entities; the fee amounts themselves are unchanged.
One-Year Threshold for Extra Explanation
If you file a petition to revive an application, accept a delayed maintenance fee, accept a delayed priority or benefit claim, or excuse an international design deadline, and you file the petition more than one year after the date the action was due, you must provide an extra written explanation showing the entire delay was unintentional. This replaces the prior practice that triggered extra explanation only after more than two years.
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