September 11, 2026September 11, 2026

🇺🇸 Global IP Update: USPTO ceremonial patent copies are now opt-in! 📜⚖️

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In Intellectual Property Rights

Effective March 9, 2026, the United States Patent and Trademark Office (USPTO) officially transitioned courtesy “ceremonial” paper patent copies to a strict opt-in model. While official legal patent grants transitioned to electronic formats (eGrants) in April 2023, the USPTO had continued mailing paper presentation copies as a courtesy. The new opt-in requirement eliminates automatic mailings to cut paper waste and optimize administrative resources.

Key Administrative & Prosecution Shift Highlights

Understanding the operational structure of the USPTO eGrant workflow ensures your portfolio management remains uninterrupted:

  • eGrant Remains the Legal Standard: The downloadable electronic PDF accessible via Patent Center on the day of issuance continues to serve as the sole statutory, legally binding patent grant.
  • Mandatory Issue Fee Opt-In: To receive a free ribboned ceremonial paper copy, applicants must check the “Ceremonial Copy” box on Form PTOL-85 Part B (or select the equivalent option during Web85B submission in Patent Center) when submitting the issue fee.
  • Grace Period Request Channel: For cases where the opt-in box was missed during issue fee transmittal on or after March 9, 2026, applicants can email eGrants@uspto.gov with the patent number through June 9, 2026, to request a courtesy copy.
  • Certified Copies Unaffected: Official certified copies required for litigation, licensing, or foreign priority enforcement are distinct from ceremonial copies and must still be ordered separately via the Certified Copy Center.
  • One Copy Limit: The USPTO limits free ceremonial mailings to one copy per granted patent.

Actionable Execution Plan for Patent Portfolio Managers

To ensure your filing workflows reflect the updated USPTO requirements, execute the following steps:

  1. Update Issue Fee Checklists: Modify internal docketing procedures and issue fee payment workflows to confirm whether a physical commemorative copy is required prior to submitting Form PTOL-85 Part B.
  2. Audit Client Preferences: Consult corporate clients and inventors to establish default preferences—separating those who prefer physical framed copies for inventor recognition from those preferring purely digital workflows.
  3. Review Recent Issue Fee Transmittals: Identify any allowances processed on or after March 9, 2026, where the opt-in was omitted, and submit email requests before the June 9 grace period closes.
  4. Archive Official eGrants: Ensure the official PDF eGrant is downloaded and securely archived in your digital document management system immediately upon issuance.