New USPTO Rule Takes Effect August 13: The Window for "Unintentional Delay" Just Got Tighter

Effective August 13, 2026, the U.S. Patent and Trademark Office is tightening its practice on petitions based on unintentional delay. Under the final rule, the Office will require additional information explaining the delay when it exceeds one year — down from the prior two-year threshold. The rule applies to any new petition filed on or after the effective date. The USPTO is also changing the conditions under which the corresponding petition fee is required.

Which Filings This Affects

The rule covers petitions to revive abandoned applications, accept delayed maintenance fee payments, accept delayed priority or benefit claims, and excuse failures to act within prescribed time limits for international design applications.

The USPTO's Rationale

The Office says the change is intended to increase certainty and predictability concerning patent rights and to encourage timely filing of grantable petitions.

Practical Implications for Patent Owners

For startups and small companies, this is where patent rights quietly die: a missed maintenance fee during a funding crunch, a priority claim overlooked during a corporate restructuring. The margin for fixing these later just narrowed. Patent owners should audit portfolios for any pending deadlines or lapses now; if a lapse exists, file the revival petition promptly, because every month past the one-year mark raises the evidentiary burden. Docketing systems should be treated as a compliance priority, not an administrative afterthought.

Sources

• Federal Register — "Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay" (final rule, June 24, 2026)
• USPTO.gov — USPTO patent rules and notices

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