📅 2026 Update: Changes in Patent Law and the Repair Doctrine

Since the original article was published, there have been significant changes in U.S. patent law. These changes affect aspects such as patent applications, fees, and the handling of patents. The information in the original article continues further down this page.

🤖 USPTO Discontinues Accelerated Examination for Utility Applications

The U.S. Patent and Trademark Office (USPTO) stopped accepting petitions for the Accelerated Examination program as of July 10, 2025. This change aims to focus resources on older utility applications that are still pending.

The move may increase the time it takes to process some new applications.

💰 Patent Fee Adjustments

On January 19, 2025, the USPTO updated its patent fees. These adjustments include new discounts for small and micro entities, following the Unleashing American Innovators Act. The changes aim to enhance the efficiency of the patent system while making it more affordable for smaller inventors.

📝 Revised Inventorship Guidance for AI-Assisted Inventions

In November 2025, the USPTO clarified that only human inventors can be named on patent applications. This ruling applies even if artificial intelligence systems assist in the invention process. This change impacts how patents involving AI are filed and could affect rights related to inventions.

🏷️ Maintenance Fees and Deadlines

Utility patent holders must pay maintenance fees at 3.5, 7.5, and 11.5 years after the patent's issue date. For large entities, these fees range from $2,150 to $8,280. Small and micro entities benefit from discounted rates.

Payments can be made without surcharge during a six-month window before each due date.

📊 Trends in Terminal Disclaimers and Patent Challenges

As of September 2026, terminal disclaimers were present on 10% of issued utility patents, down from nearly 22% in 2023. This decline is linked to changes in USPTO examination policies. Additionally, challenging issued patents through inter partes review has become more difficult, with the institution rate falling from 68% in 2024 to below 40% in 2025.

📌 Key Points of the 2026 Update

  • 🤖 Accelerated Examination program for utility applications is discontinued.
  • 💰 New patent fee adjustments support small and micro entities.
  • 📝 Only humans can be named as inventors, even with AI assistance.
  • 🏷️ Maintenance fees apply at specific intervals for utility patents.
  • 📊 Terminal disclaimers and patent challenges are seeing significant shifts.

💡 Tips for Navigating Patent Law

Reviewing your unique situation with an attorney is crucial for understanding your patent rights.

📄 Understand Maintenance Fees

Know when maintenance fees are due for your utility patents. These fees apply at 3.5, 7.5, and 11.5 years after the patent’s issue date. Paying on time can prevent your patent from expiring.

🕒 Stay Updated on USPTO Changes

Keep track of changes like the discontinuation of the Accelerated Examination program. Changes in USPTO policies can affect your patent application process and timeline.

⚖️ Review Inventorship Rules

Ensure that you understand the new guidance regarding inventorship for AI-assisted inventions. Only human inventors can be listed, which may affect how you file applications involving AI technology.

📈 Consider Fee Discounts

If you qualify as a small or micro entity, look into the updated fee structures. Discounts can significantly reduce your costs when filing or maintaining patents.

📃 Utilize USPTO Resources

Take advantage of resources offered by the USPTO, such as fee schedules and forms. These resources can help you navigate the patent process more effectively.

🏆 Free Options Ranked by User Reviews (2026)

No paid national service in the patent law area met the review threshold to be included here. This section focuses on free government and nonprofit resources available to assist inventors and patent holders.

🥇 1. USPTO Resources

The USPTO provides a variety of resources to assist inventors. This includes fee schedules, forms, and guidance on filing patents. These resources are especially useful for those who may be new to the patent process.

🥈 2. Patent Application Assistance

Inventors can access free assistance for patent applications through the USPTO. This service aims to help individuals understand the requirements and steps to successfully file a patent application.

🥉 3. Educational Workshops

The USPTO offers educational workshops and webinars for inventors. These sessions cover various topics related to patent law, helping inventors stay informed about their rights and responsibilities.

4️⃣ Inventor Assistance Centers

Various Inventor Assistance Centers provide free support to inventors. These centers help with understanding the patent process and can answer questions about specific situations.

🔎 What to Check Before Paying for Help

  • 📚 Verify qualifications of anyone offering paid services.
  • 🏢 Look for reviews or testimonials from previous clients.
  • ⚖️ Ensure that the service provider is knowledgeable about patent law.
  • 💰 Compare costs and services to free options available.

❓ Frequently Asked Questions

❓ What are the new patent fees as of 2026?

The USPTO updated its fees on January 19, 2025. Maintenance fees for utility patents range from $2,150 to $8,280 for large entities, with discounts for small and micro entities.

🔄 How long do I have to pay maintenance fees?

Maintenance fees are due at three intervals: 3.5, 7.5, and 11.5 years after the patent's issue date. You can pay without a surcharge during a six-month window before each due date.

📜 Can AI be named as an inventor on a patent?

No, according to the USPTO's guidance issued in November 2025. Only human inventors can be listed on patent applications, even if AI systems contributed to the invention.

🔍 What is the terminal disclaimer?

A terminal disclaimer is a statement that limits the term of a patent. As of September 2026, it appears on about 10% of issued utility patents, a decrease from nearly 22% in 2023.

📉 Why has the inter partes review institution rate changed?

The institution rate for inter partes review has dropped from around 68% in 2024 to below 40% in 2025. This change is a result of new policies under USPTO Director John Squires.

🌍 How does the patent exhaustion doctrine apply internationally?

The Supreme Court's ruling in Impression Products, Inc. v. Lexmark International, Inc. extends the patent exhaustion doctrine to international sales. Patent holders can control imports of items they have already sold abroad.

⚖️ Recent Cases Related to Patent Law

Recent court rulings highlight ongoing developments in patent law, particularly concerning the patent exhaustion doctrine and inventorship.

To learn more about recent rulings, check more rulings on the news page.

End of October 2026 Update





Patent infringement defenses are various and are different in the scope of their applications. For patent owner to consider filing a lawsuit of patent infringement, it is important that he/she and his/her team of patent attorneys be fully aware of the possible defenses the other side may bring into the case. Patent laws and regulations may often be simple to understand at fair glance, however, their applications in actual infringement action lawsuits and litigation can prove to transform the legislation from simple and understandable to confusing and complex. 

In certain cases, there aspects of the law that may be used effectively as defense to an infringement case that is not entirely obvious. Such a instance is evident with the repair doctrine, also known as the doctrine of repair and reconstruction. This type of patent infringement defense is typically used or applied when a case of indirect patent infringement or induced patent infringement is introduced. 

Repair doctrine also applies to what is considered as a combination patent, where a combination of parts, in their assembled state, create an innovation that is eligible for and granted patent rights. However, when each component is separate, or not part of the completed invention, each part is not patented under the combination patent because of exclusions or ineligibility by proper patent laws. Therefore, the combination patent only protects the completed or assembled combination of those parts. 

Application of the Repair Doctrine

The patent infringement action arises when a lawful purchaser of a combination patent product or invention uses replacement parts to repair the innovation. Under patent laws, the transaction of sale of the product from the patent owner or licensed party to the purchaser or consumer, it is implied that the right to repair such product is granted, regardless of where or from whom the replacement parts are purchased. In other words, the replacement parts do not need to be purchased from the patent owner or inventor. 

This is what is referred to as repair doctrine. Patent infringement does not apply because of the fact that the patent owner does not have exclusive rights to the components of the combination or assembled patented invention; the patent only applies to the finished product. The repair doctrine is extended to also include if such repair or replacement of components actually modifies the original patented product or design. The repair doctrine protects the consumer from direct patent infringement, while concurrently protecting the third party selling the replacement parts from indirect patent infringement. 

However, patent infringement can still be applicable if the repair or replacement of the components of a combination patent invention occurs before those components have run their course or have been rendered inoperable. Patent holders and owners have pushed to limit the extent to which repair doctrine can be applied, and is now solely used to refer to worn out or inoperable components. However, in recent years, the idea of repair doctrine only applying to worn out parts or components has been steadily rejected and the idea that any readily replaceable part may be repaired or replaced at any given time, without inducing any kind of patent infringement.