June 23, 2026
Authored and Edited by Mary C. Till; Aaron J. Capron
For publication in the Federal Register of June 24, 2026, having an effective of August 13, 2026, the USPTO is issuing a final rule to significantly tighten its review of petitions based on “unintentional delay.” For petitions filed on or after August 13, 2026, the USPTO will require additional evidentiary support—and impose higher fees—for petitions filed more than one year after a missed deadline, replacing the prior two-year threshold.
The USPTO explains the policy rationale behind the rule change. The Final Rule is intended to:
The USPTO has shortened the period after which it will question whether a delay was truly “unintentional”:
This applies to petitions involving:
For petitions filed more than one year after the relevant deadline, applicants must now:
The USPTO continues to accept applicant certifications in routine cases, but views longer delays as inherently raising doubt about intent.
The rule also revises the fee structure:
This change reinforces the USPTO’s objective of encouraging prompt corrective filings.
Importantly, the one-year threshold is not a safe harbor:
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