📅 2026 Update: Key Changes in Patent Law

Since the original article was published, several important updates have occurred in U.S. patent law. These changes include new guidance on AI-assisted inventions, adjustments to patent fees, and updates to the patent application process. This section summarizes the latest information, which is relevant for anyone looking to understand patents today.

The earlier article continues further down the page.

🤖 Revised Inventorship Guidance

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This rule applies even if artificial intelligence systems helped in the inventive process. This change is significant for inventors using AI tools, as they must ensure someone meets the criteria for inventorship.

💸 Updated Patent Fees

The USPTO updated its patent fees effective January 19, 2025. The basic filing fee for utility patents is now $350 for paper filings and $70 for electronic filings by small entities. An additional $400 non-electronic filing fee applies to original nonprovisional applications filed in paper.

🌐 Adoption of WIPO Standard ST.26

Starting July 1, 2024, the USPTO aligned its regulations with WIPO Standard ST.26. This requires applicants to submit sequence listings in XML format for patents involving nucleotide or amino acid sequences. This update simplifies the application process for those in biotechnology and similar fields.

📃 Subject Matter Eligibility Update

On July 16, 2024, the USPTO issued updated guidance on subject matter eligibility. This guidance provides examples related to AI inventions, helping inventors understand whether their creations are eligible for patents under 35 U.S.C. § 101. This is crucial for anyone developing new AI technologies.

📌 Summary of Key Changes

  • 🤖 Inventorship: Only natural persons can be inventors.
  • 💸 Patent Fees: New filing fees are now in effect.
  • 🌐 WIPO Standard ST.26: XML format for sequence listings is required.
  • 📃 Eligibility Guidance: Updated examples for AI inventions.

💡 Tips for Navigating Patent Applications

Review the details of your specific situation with your attorney. Understanding the patent process can help inventors avoid common pitfalls.

📄 Understand Application Types

Familiarize yourself with the different types of patent applications. Utility patents cover new inventions or discoveries, while design patents protect the ornamental design of a product. Knowing which type suits your invention is essential.

🏷️ File Electronically

Use the USPTO's Patent Center for electronic filing. This platform is user-friendly and speeds up the application process. Filing electronically can also save you money compared to paper filings.

⌛ Keep Track of Maintenance Fees

Remember that maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. Keeping track of these dates is crucial to maintain your patent rights.

🔍 Stay Updated on Guidance

Keep an eye on USPTO updates regarding eligibility and inventorship. Recent changes, especially those related to AI, can significantly impact your application. Staying informed can help you avoid rejections due to outdated information.

👥 Utilize Pro Bono Programs

Independent inventors and small businesses can benefit from pro bono legal assistance. Check for nonprofit organizations that partner with the USPTO to provide free legal help.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services have met the review threshold in this area, so the focus is on free government and nonprofit resources available for patent assistance.

🥇 1. USPTO Resources

The USPTO offers a wealth of resources, including guides and tutorials. These materials can help inventors navigate the patent process and understand the requirements for their applications.

🥈 2. Pro Bono Programs

The USPTO collaborates with nonprofit organizations to provide pro bono legal assistance. This program supports independent inventors and small businesses that may not afford legal fees. It can help them with patent applications and related issues.

🥉 3. Patent Maintenance Fee Storefront

The Patent Maintenance Fee Storefront allows users to look up maintenance fee information. This resource helps patent holders manage their maintenance fees effectively and ensures they stay in good standing.

4️⃣ Electronic Patent Grants (eGrants)

The USPTO began issuing electronic patent grants on April 18, 2023. This allows patentees to view and print their complete issued patents immediately. It streamlines the process and makes it easier for inventors to access their documents.

🔎 What to Check Before Paying for Help

  • 💰 Understand Costs: Make sure you know all costs involved.
  • 📜 Verify Credentials: Check the qualifications of any service provider.
  • 🕒 Review Timeliness: Ensure the service can meet your deadlines.
  • 🌐 Seek Reviews: Look for user experiences and reviews.

❓ Frequently Asked Questions

❔ What is the process for filing a patent?

Filing a patent involves preparing a detailed application, submitting it to the USPTO, and paying the required fees. Applicants must also submit any necessary documentation, like drawings or sequence listings if applicable.

🕰️ How long does it take to get a patent?

Patent processing times can vary. The USPTO is working to reduce the time it takes to examine applications, but specific times depend on application complexity and examiner workload.

📅 When are maintenance fees due?

Maintenance fees for utility patents are due at 3.5, 7.5, and 11.5 years after the patent grant. Failing to pay these fees can result in the patent lapsing.

🤖 Can AI be named as an inventor?

No, only natural persons can be named as inventors on patent applications, even if AI assisted in the inventive process. This ruling was clarified by the USPTO in late 2025.

📜 What are the benefits of electronic filing?

Filing electronically through the USPTO's Patent Center is generally cheaper and faster. It allows for easier tracking of your application and can reduce the risk of errors associated with paper submissions.

📑 How can I access USPTO resources?

The USPTO offers various guides and tutorials on its website. These resources can assist inventors in understanding the patent process and navigating their applications effectively.

⚖️ Recent Cases Related to Patents

There have been recent court rulings that influence how patents are examined and enforced. These rulings can shape the landscape for inventors and the patent application process.

For more recent rulings, you can browse the more rulings on the news page.

End of October 2026 Update





In order to protect the rights of an invention or improvement, the inventor should apply for a patent.

Patents allow for certain rights to be bestowed upon the inventor or owner of invention, such as the exclusion of others from making, using, or selling the same or similar invention or improvement in the United States. Patents are to be registered with the United States Patent and Trademark Office.

The patent application process is best initiated by visiting the USPTO website in order to obtain the necessary patent application forms and the necessary instructions to formally register a patent. Before applying for a patent, one should search to make sure that the invention that is to be registered has not already been patented. 

A Quick Guide to Patents

Searching the USPTO database can be done online and is free of charge. If no patent exists, one must then provide for exact details regarding the invention, explicitly stating how it functions and how it is made or produced. In certain cases, drawings will also be required in the patent application. One must also categorize patents as either plant, design, or utility patents. 

Upon filling out the required application, one can file by electronic means through the USPTO e-filing system. There will usually be fees required for the filling of applications for patents.