Weekly IP Brief

USPTO Tightens Rules on 'Unintentional Delay' Petitions: Over-1-Year Delays Subject to Higher Fees, Well-Managed Portfolios Unaffected

The United States Patent and Trademark Office (USPTO) issued a final rule on June 24, 2026, which will take effect on August 13, 2026. This new rule modifies the procedures for seeking relief based on 'unintentional delay' in patent cases, shortening the threshold for requiring a detailed explanation of the delay and applying a higher petition fee of $3,000 from 'over two years' to 'over one year.'

While some may misinterpret this change as the elimination of late petition remedies, it is actually a tightening of administrative scrutiny designed to reduce the room for patent owners to delay proceedings. The practical impact is that the grace period for administrative errors is halved. Companies that already outsource annuity management to professional firms or maintain internal patent tracking systems will be completely unaffected. The real impact will fall on small and medium-sized enterprises that lack dedicated legal staff and often miss official notices due to personnel turnover, resulting in unnoticed patent lapses.

In-house counsel and R&D managers with US patent portfolios should take two actions before the August 13, 2026 effective date. First, schedule a review next Monday of all active US patents to verify maintenance fee statuses and prevent missed notices from employee transitions. Second, if any patents are found to have lapsed for close to one year, file the petition for revival before August 13 to secure the lower $2,260 fee and avoid the requirement for additional explanations.

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Other Key News This Week

  1. Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction

    The UPC Court of Appeal ruled in Fujifilm v. Kodak that while it had jurisdiction, the infringement claim was dismissed because the plaintiff failed to meet substantive law requirements. This case has limited impact on Taiwanese companies without European operations, but multinational businesses must clarify local substantive laws before litigating.

  2. Apple Ordered to Pay $5.7 Billion in Haptic Technology Patent Infringement Lawsuit

    A US district court jury ordered Apple to pay $5.7 billion for infringing Taction's haptic technology patents. While this has limited impact on Taiwanese firms outside the US hardware supply chain, companies planning to enter the US market should conduct thorough patent searches and not underestimate patents that survived reexamination.

  3. One Determination, Two Clocks: Crocs Asks the Supreme Court to Fix ITC Appeal Deadlines

    Crocs has petitioned the US Supreme Court after the Federal Circuit dismissed its appeal as untimely due to conflicting ITC appeal deadlines. While this has limited impact on Taiwanese companies without US litigation, businesses enforcing rights in the US must monitor multiple deadlines for mixed determinations.

Safe to Skip This Week

These items did occur this week but are administrative or procedural. They do not affect your existing filings or maintenance. We list them so you don't have to check.

  • 配合新修订商标法落地实施,国家智慧財產權局就两文件公开征求意见行政程序公告(表格或資料蒐集之意見徵詢),除非你打算提出意見,否則無須處理。

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This brief is auto-compiled by the WISECODE IP Radar from multiple sources for the week; the headline is an AI-generated report and summaries are short source excerpts. See each event's source links for originals.

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