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Cantor Colburn Client Alert: USPTO Shortens Deadline for Unintentional Delay Petitions
The United States Patent and Trademark Office (USPTO) recently announced a significant change to its treatment of petitions based on unintentional delay. (See Federal Register: Conditions for Additional Information and Fee in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay). Previously, the USPTO generally required additional information supporting a claim of unintentional delay when a petition was filed more than two years after the relevant deadline. The USPTO has now shortened that period to one year. This final rule applies to any new petition filed on or after August 13, 2026.
The change applies to petitions to revive abandoned applications, accept delayed maintenance fee payments, accept delayed priority or benefit claims, and excuse certain missed deadlines in international design applications under the Hague Agreement. The shortened threshold signals an increased scrutiny of revival and delayed-claim petitions.
Read the Cantor Colburn Client Alert for an analysis of the situation and what it might mean for you.
For Further Information and Assistance
Cantor Colburn LLP brings decades of experience in patents and all areas of intellectual property law. If you have questions about this matter or any other IP-related issue, please contact your Cantor Colburn attorney. This alert was prepared by Cantor Colburn Partners David Kincaid, Todd Garabedian, Ph.D., and Michael H. Brodowski, Ph.D.
Please note that each situation has its own unique circumstances and ramifications. This Client Alert is for informational purposes only and is not legal advice.
