📅 2026 Update: Changes to U.S. Patent Law Since 1836

Since the original article on the Patent Fire of 1836, there have been important updates in U.S. patent law. These changes focus on patent fees, inventor eligibility, and significant milestones in the patent process. The foundational elements discussed in the earlier article continue below.

🆕 📈 Patent Fee Adjustments

The U.S. Patent and Trademark Office (USPTO) updated patent fees effective January 19, 2025. This adjustment aims to enhance the efficiency of the U.S. patent system.

Applicants should be aware of these changes when planning their patent applications.

  • 💰 Basic Filing Fee for Utility Patents: As of August 14, 2026, filing a utility patent application costs $350 for paper submissions. Additional fees apply for services like search and examination.

🤖 📜 Revised Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the USPTO released revised guidance concerning AI-assisted inventions. This guidance confirms that only natural persons can be named as inventors on patent applications. This ruling clarifies the role of AI in the invention process.

🎉 🎖️ Celebration of Patent Milestones

The USPTO marked a significant milestone by issuing its 1 millionth electronic patent grant on December 30, 2025. This achievement reflects the agency's commitment to modernizing the patent grant process and improving efficiency for inventors.

📝 📆 Current Processing Times

The time it takes for a patent application to be processed varies based on the type of application and other factors. Applicants should check the USPTO's website for the latest updates on processing times to better plan their filing strategies.

📌 Key Points Summary

  • 💵 Patent fees changed in January 2025.
  • 🤖 Only natural persons can be inventors on applications.
  • 🎉 The USPTO celebrated its 1 millionth electronic patent grant.
  • ⏳ Processing times vary by application type.
  • 📄 Check the USPTO website for the latest updates.

💡 Practical Tips for Navigating the Patent Process

Review your specific situation with your attorney to ensure you understand the details of your patent application.

📋 📝 Understand Current Fees

Stay informed about the latest patent fees, including the basic filing fee for utility patents. Knowing these costs can help you budget and avoid surprises during the application process.

⏰ 🕒 Know Your Deadlines

Pay attention to deadlines for responding to office actions. Replies must be submitted within six months of the office action date, with possible extensions of two or three months. Timely responses can prevent delays in your application.

🔄 📅 Use Express Abandonment Forms

If you need to withdraw a patent application, utilize the USPTO's express abandonment forms. This process allows you to withdraw applications efficiently, which may save time and resources.

📚 🆓 Explore Free Resources

Take advantage of free resources from the USPTO, such as the Inventors Assistance Center. This service offers guidance for independent inventors and small businesses on the patent process.

📑 🧾 Keep Track of Maintenance Fees

Remember to budget for maintenance fees that are due 3.5, 7.5, and 11.5 years after your patent grant. Failing to pay these fees can result in your patent becoming inactive.

🏆 Patent Application Services Ranked by User Reviews (2026)

This section includes services related to patent applications, focusing on their reputation and user feedback. The rankings are based on Trustpilot data from October 2026. Star ratings can change over time, and they reflect user experiences.

Keep in mind that unhappy customers often leave more reviews, which can skew perceptions.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. It is known for offering online legal services, including assistance with patent applications. Reviewers have noted efficiency in their processes, but some users have reported delays and communication issues.

🆓 Free Government Assistance

The USPTO provides free resources for inventors, including the Inventors Assistance Center. This service helps independent inventors and small businesses navigate the patent application process. Additionally, the USPTO offers guides on eligibility and maintenance for patents at no cost.

🔎 Choosing the Right Patent Service

  • 📈 Compare service costs and fees.
  • ⚖️ Review customer feedback and ratings.
  • 🕒 Check processing times for applications.
  • 📜 Assess the range of services offered.
  • 🏆 Consider the reputation of the provider.

❓ Frequently Asked Questions

❓ What is the current basic filing fee for a utility patent?

The basic filing fee for a utility patent application is $350 for paper filings as of August 14, 2026. Additional fees apply for services like search and examination.

⏳ How long does it take to process a patent application?

Processing times vary based on the type of application. Applicants are encouraged to check the USPTO's website for the most current information.

📅 When are maintenance fees due for patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after a patent grant. Timely payment is crucial to keep the patent in force.

📜 Can AI be listed as an inventor on patent applications?

No, the USPTO has confirmed that only natural persons can be named as inventors on patent applications, regardless of AI involvement.

📈 What resources are available for independent inventors?

Independent inventors can access free assistance through the USPTO's Inventors Assistance Center. They offer guidance on patent application procedures and fee information.

📝 How can I withdraw a patent application?

You can use express abandonment forms provided by the USPTO to withdraw your patent application efficiently. These forms help streamline the process.

⚖️ Recent Patent Cases

Recent court rulings have impacted various aspects of patent law, influencing how patents are processed and enforced. These rulings connect directly to the ongoing evolution of U.S. patent law.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





One of the most important legacies of the Patent Act of 1836 was its creation of the first USA Patent Office. The creation of a new administration within the Department of State allowed for the patent application and registration procedures to the sole responsibility of an organization that was created for specialized task of overlooking every aspect of patents. Previously, the responsibility feel on important positions, such as the Secretary of State, and Secretary of War, which would prove to be too much of a demand on their already crucial responsibilities and duties. 

The Patent Office and the instating of new positions and titles within the organization would delegate the tasks of patent registrations solely to one entity or faction. The first Patent Office Commissioner was Henry Leavitt Ellsworth. Once the Patent Act of 1836 managed to establish the new patent organization, once of the first things the Commissioner set out to do was provide for a base of operations for the new Patent Office. Construction of what was deemed as a fire-proof building began the same year, while the Patent Office would share its first building with the General Post Office and Washington City Post Office. 

Within this shared building, over ten thousand patent records were housed and stored, along with thousands of patent models all located on the first three floors of the structure. The shared building was known as Blodgett's Hotel, and provided sufficient enough facilities for the newly implemented Patent Office to start its operations. The Blodgett's Hotel was situated within walking distance a fire house, which was not a mere coincidence. What was then considered at the USA Patent Office, a threat of fire due to acts of war put the organization in jeopardy in 1814. 

The Patent Fire of 1836

Dr. William Thornton managed to convince members of the British armed forces to leave the building intact. After all was said and done, the Patent Office was the only governmental building still standing. Therefore, such threat provided for the temporary location of the Patent Office to be located in such close proximity to a fire house. After all, all the records of patents and patent drafting were all done on paper. 

The United States Congress decided to provide for the fire house about sixteen years before the Patent Office moved to this location, but the other two organizations situated in the building would also benefit from a fire house being near by. It was no coincidence that the Patent Office chose this location, for the fire house provided a sense of security from an unfortunate fire incident.

However, common sense would not prove enough in preventing a catastrophic occurrence that would render the Patent Office in shambles.  Early in the morning on December 15th, 1836, a fire would break out that would eventually engulf and destroy all of the patent records, models, and plans housed and stored at the Blodgett's Hotel building. A messenger who was housed in the building was the first to notice the fire, and did the best to round up others inside to enter the Patent Office section of the building. After various attempts to save the patent records, all attempts were in vain. 

Logic would serve to believe that the fire station located so nearby would be able to competently battle the flames, and if not save the USA Patent Office, at least provide for time to save the patent records. However, because the fire station was constructed sixteen years prior, and was rarely used, all the equipment for fail to properly work. Volunteer fire fighters would resort to using buckets to put out the flames, which would prove to be an exercise in futility. 

It took less than twenty minutes for the fire to completely consume the Blodgett's Hotel building, along with it the USA Patent Office and all patent drafting records. Out the thousands of records stored in the USA Patent Office, less than 3,000 were managed to be restored through private files and models provided by the original patent holders. All others had to be canceled. Even though the first USA Patent Office ended in disaster, its legacy continues, for it would eventually lead to the creation of the United States Patent and Trademark Office, which is the faction and organization that handles all patent matters in the U.S. today.