# 2026-12717: USPTO Tightens Rules for Late Patent Petitions

2026-12717, Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay, is a Federal Register rule from Commerce Department, Patent and Trademark Office published 2026-06-24, effective 2026-08-13; PRIA reads it as touching household money (as of 2026-07-01).

- Canonical: https://policyrisk.com/federal-register/2026-12717
- As of: 2026-07-01
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-12717
- Title: Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay
- Type: Rule
- Agencies: Commerce Department; Patent and Trademark Office
- Citation: 91 FR 37826
- Published: 2026-06-24
- Effective: 2026-08-13
- Comments close: not stated
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 0651-AD92
- Last updated: 2026-07-01

## In one line

USPTO Tightens Rules for Late Patent Petitions

## 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.

## Abstract

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.

## Effects PRIA read

- One-Year Threshold for Extra Explanation: cost, low. 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 sh…
- Higher Petition Fee Applies After One Year: cost, high. 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 a…

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## Sources
- [2026-12717 on federalregister.gov](https://www.federalregister.gov/documents/2026/06/24/2026-12717/conditions-for-additional-information-and-fee-in-petitions-filed-in-patent-applications-and-patents)
- [2026-12717 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-06-24/pdf/2026-12717.pdf)

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Source: PRIA, https://policyrisk.com/federal-register/2026-12717 (as of 2026-07-01).