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DOC/PTO RIN: 0651-AD92 Publication ID: 2026 
Title: ●Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay 
Abstract:

The United States Patent and Trademark Office (USPTO) is requiring additional information whenever the delay in taking certain actions in patent applications and patents is more than one year, instead of routinely seeking additional information whenever the delay was more than two years. 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 seek relief from time limits in connection with international design applications. In addition, the USPTO is changing the conditions for when the corresponding fee is required.

 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 37 CFR Part 1     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 35 U.S.C. 2(b)(2)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  07/00/2026 
Final Action Effective  07/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Douglas Wood
Attorney Advisor
Department of Commerce
Patent and Trademark Office
P.O. Box 1450,
Alexandria, VA 22313-1450
Phone:571 272-3282
Email: douglas.wood@uspto.gov