📅 2026 Update: Recent Changes in Patent Law

Since the original article was published, there have been important updates in patent law that impact the first sale doctrine and related topics. These changes affect how patents are examined, the fees associated with them, and the legal interpretations surrounding patent rights. The original article continues further down the page.

🤖 USPTO Discontinues Accelerated Examination Program

As of July 10, 2025, the USPTO stopped accepting petitions for the Accelerated Examination program for utility patent applications. This change aims to focus resources on older applications that have not yet been examined. This could lead to longer waits for some patent approvals while also affecting how inventors approach their applications.

💰 Patent Fee Adjustments

On January 19, 2025, the USPTO updated its patent fees to enhance the management of the U.S. patent system. These adjustments include new discounts for small and micro entities, which may help reduce costs for many inventors. It’s important for patent holders to be aware of these updated fees as they plan their patent strategies.

📝 USPTO Revises Inventorship Guidance for AI-Assisted Inventions

In November 2025, the USPTO clarified that only humans can be named as inventors on patent applications, even if artificial intelligence contributes to the invention. This guidance impacts how inventors approach patent applications that involve AI, emphasizing the need for human inventorship in all filings.

📅 Maintenance Fee Deadlines

Maintenance fees for utility patents are due at 3.5, 7.5, and 11.5 years after the patent's issue date. Payments can be made without surcharges during a six-month period before each due date. This deadline is crucial for patent holders to keep their patents active and enforceable.

📌 Key Changes Summary

  • 🤖 Accelerated Examination program has ended.
  • 💰 Updated patent fees include discounts for small entities.
  • 📝 Only humans can be named as inventors on patent applications.
  • 📅 Maintenance fees are due at specific intervals to maintain patent rights.
  • 📈 Focus on older applications may affect processing times.

💡 Tips for Understanding the First Sale Doctrine

Reviewing your specific situation with an attorney can help clarify your needs related to patent law.

📄 Understand the Patent Exhaustion Doctrine

The patent exhaustion doctrine allows a patent owner to lose control over a patented item after its first authorized sale. This means that once a product is sold, it can be resold without infringing on the patent.

🌍 Know the Impact of International Sales

Recent rulings have extended the patent exhaustion doctrine to international sales. This change allows patent holders to manage imports of products they have already sold outside the U.S., adding a layer of complexity to international commerce.

🔄 Be Aware of Self-Replication Exceptions

The Bowman v. Monsanto Co. ruling clarified limits on the patent exhaustion doctrine concerning self-replicating products. This means that using patented seeds to grow new generations without permission is not allowed, which is crucial for agricultural and biotech sectors.

📝 Stay Informed on Maintenance Fees

Utility patent holders must pay maintenance fees at designated intervals to keep their patents active. Missing these deadlines can lead to loss of patent rights, so staying organized is essential.

⚖️ Monitor Changes in USPTO Policies

The USPTO is increasingly making it harder to challenge issued patents through inter partes review. This can impact the overall patent landscape, affecting how inventors and companies strategize their patent protections.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the review threshold for this topic, so here are free resources available to help with patent-related questions.

🥇 1. USPTO Resources

The USPTO offers a variety of resources, including fee schedules and forms. These resources are designed to assist both inventors and patent holders in navigating the patent process effectively.

🥈 2. Government Websites

Federal and state government websites provide information and guidance on patent applications. They often include links to essential forms and details about the patent process, making it easier for inventors to access necessary tools.

🥉 3. Nonprofit Organizations

Some nonprofit organizations focus on helping inventors and entrepreneurs understand patent law. They offer workshops, webinars, and one-on-one consultations to guide individuals through the patent application process.

4️⃣ Educational Institutions

Many universities and colleges have programs that assist inventors with patent law. These institutions may offer free or low-cost services, including patent searches and application assistance, especially for students and faculty.

5️⃣ Local Inventor Groups

Local inventor and entrepreneur groups often provide support and resources related to patents. These groups may host meetings and events where members can share knowledge and experiences regarding patent applications and rights.

🔎 What to Check Before Paying for Help with Patents

  • 🧐 Verify the credentials of any service provider.
  • 💰 Look for free resources before considering paid options.
  • 📅 Check for updated information on fees and processes.
  • 🔍 Read reviews from other users for insights.

❓ Frequently Asked Questions

❓ What is the first sale doctrine?

The first sale doctrine allows a buyer to resell a product without infringing on the patent after it has been sold by the patent owner. This principle helps ensure free movement of goods in commerce.

🔍 How do maintenance fees work for utility patents?

Utility patent holders must pay maintenance fees at 3.5, 7.5, and 11.5 years after the patent is issued. Missing these payments can lead to the patent expiring.

🌐 Are design and plant patents subject to maintenance fees?

No, maintenance fees only apply to utility patents. Design and plant patents do not require these fees, making them less costly to maintain over time.

📅 How can I find out about my patent's status?

Patent holders can check the status of their patents through the USPTO website. This resource provides current information on application processing times and any outstanding requirements.

📈 What changes have occurred in patent examination policies?

The USPTO has recently focused on older applications and discontinued the Accelerated Examination program. This shift may affect how quickly new applications are reviewed and approved.

🏛️ What support does the USPTO offer to inventors?

The USPTO provides various resources, including fee schedules, forms, and guidance on patent applications. These resources help inventors navigate the complexities of the patent system.

⚖️ Recent Cases Related to Patent Law

Several recent court rulings have clarified various aspects of patent law, including the first sale doctrine. These decisions shape how patent rights are understood and enforced.

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

End of October 2026 Update





Though patent infringement may prove to be a serious offense, and cases will undoubtedly be brought up in the courts simply because of the nature of patents and the legislature governing them. However, there are several defenses that are employed by those facing patent infringement lawsuits that may prove to effective in swaying the court's decision in their favor. One of these defenses is referred to as first sale doctrine. First sale doctrine is a common defense used in any litigation involving the infringement of intellectual property. In other words, it is not strictly applicable to patents, but also to copyrights and trademarks. 

Commonly, when it relates to patents, first sale doctrine will also be referred as exhaustion doctrine, or doctrine of exhaustion for the purpose of avoiding confusion when differentiating between the different types of intellectual property. First sale doctrine is a regulation that implies a patent license with certain sales of a patented product by the patent owners or inventors. Exhaustion simply refers to the idea that a patent owner will essentially "exhaust" or lose certain rights and protection after their patented product is initially sold or used at the commercial level. The patent owner will still have certain rights and protections as applicable by patent laws, but certain control over those rights will be exhausted once that product, invention, or innovation enters the commercial market and used by consumers. 

It is also important to note that once a patent right is considered to be under "exhaustion," that the same product is to be considered as such at an all encompassing level. In other words, if those rights become "exhausted" as considered by the rule of first sale doctrine in a particular area, the same will be enforced in other areas as well. Because first doctrine sale or the exhaustion doctrine is often applied to imply a license through the sell of a patented product, it will also be used with another defense to further provide for a stronger argument. The exhaustion doctrine is very commonly used with claims of patent-related estoppel. 

The concept of exhaustion doctrine seems to be quite ordinary and easily applicable in litigation procedures, but often enough, there are other issues that are considered that will render first sale doctrine more complicated than it seems. In certain cases, patent lawyers will often analyze the actual sale of patented product to a particular party in order to evaluate if such a transaction was a real sale versus an implied license agreement. If there is no sale to be accounted for, then first sale doctrine can be used as a defense in the sense that, under its definition, those rights have not been "exhausted" and the owner of the patent may then eligible to file suit for patent infringement. The first sale doctrine can be used on both sides of a patent infringement suit, as long as the patent lawyers have the knowledge and skill to apply the exhaustion doctrine in the favor of their clients.

First Sale Doctrine Explained