Federal Register #PTO-P-2025-0413

USPTO Final Rule Revising Petition Requirements for Unintentional Delay in Patent Matters

This opportunity concerns a regulatory update from the United States Patent and Trademark Office (USPTO), part of the Department of Commerce, regarding petitions filed in patent applications and patents due to unintentional delay. - Government Buyer: - United States Patent and Trademark Office (USPTO), Department of Commerce - No OEMs or commercial vendors are involved, as this is a regulatory change - Products/Services Requested: - No products or services are being procured; the rule revises administrative requirements for patent-related petitions - Notable Requirements: - Lowers the threshold for requiring additional information in petitions from delays exceeding two years to delays exceeding one year - Affects 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 in international design applications - Modifies conditions for when petition fees are required, with revised fee structures for micro entities, small entities, and others - Increases evidentiary standards for petitions filed after the new threshold - Aims to increase certainty and predictability concerning patent rights and encourage timely filings

Description

The United States Patent and Trademark Office (USPTO) is revising its practice regarding petitions filed due to unintentional delays in patent applications and patents. The revision changes the threshold for requiring additional information from delays exceeding two years to delays exceeding one year. This change aims to increase certainty and predictability concerning patent rights, encourage timely filing of petitions to revive applications, accept delayed fee payments, and modify conditions for when petition fees are required. The rule applies to any new petition filed after August 13, 2026.

View original listing