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

Since the original article was published, there have been significant updates in U.S. patent law that impact the exhaustion doctrine and related practices. These changes affect everything from patent application processes to the fees associated with maintaining patents. The earlier article continues further down the page for more detailed historical context.

🛠️ USPTO Discontinues Accelerated Examination

As of July 10, 2025, the U.S. Patent and Trademark Office (USPTO) no longer accepts petitions for Accelerated Examination of utility patent applications. This means applicants can expect longer wait times for these applications as the USPTO reallocates resources to older applications that have not yet been examined.

💰 Patent Fee Adjustments

On January 19, 2025, the USPTO updated its patent fees. These changes are designed to improve the efficiency of the patent system. New discounts are available for small and micro entities under the Unleashing American Innovators Act, making it more affordable for these groups to navigate the patent process.

🧑‍💻 Inventorship Guidance for AI

In November 2025, the USPTO clarified its stance on inventorship for AI-assisted inventions. The new guidance states that only humans can be named as inventors on patent applications, regardless of the role that artificial intelligence may play in the invention process. This has implications for how patents are filed in the age of AI technology.

⏳ Processing Times and Maintenance Fees

The USPTO has been working to reduce processing times by reallocating resources. Maintenance fees for utility patents will still apply at 3.5, 7.5, and 11.5 years after issuance, with fees for large entities ranging from $2,150 to $8,280. Small and micro entities can benefit from reduced fees.

📌 Key Points of the Update

  • The USPTO has stopped accepting Accelerated Examination petitions for utility patents.
  • New patent fees reflect discounts for small and micro entities.
  • Only humans can be listed as inventors in AI-assisted patents.
  • Maintenance fees still apply for utility patents, impacting holders.
  • The USPTO aims to improve processing times for applications.

💡 Tips for Navigating Patent Applications

It's important to review your specific situation with your attorney to ensure you fully understand the implications of these updates.

📝 Understand the Impact of Fee Changes

Stay informed about the updated patent fees, especially if you qualify as a small or micro entity. These discounts can help reduce the financial burden of maintaining a patent.

⏰ Plan for Processing Times

With the discontinuation of Accelerated Examination, applicants should plan for potentially longer wait times. Factor this into your timeline when considering patent applications.

🔍 Stay Updated on Inventorship Rules

If your invention involves AI, make sure you are aware of the new rules regarding inventorship. Only human inventors can be named, which can affect how you file your application.

📆 Mark Maintenance Fee Deadlines

Remember that maintenance fees for utility patents are due at specific intervals. Setting reminders for these deadlines can help you avoid additional charges.

📚 Utilize USPTO Resources

The USPTO provides various resources to assist inventors and patent holders. Take advantage of these to help navigate the patent process effectively.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold, so this section lists free government and nonprofit resources that can assist with patent-related issues.

🥇 1. USPTO Website

The USPTO website offers a wealth of information, including fee schedules and application forms. It helps inventors understand the patent process and access necessary resources for their applications.

🥈 2. Small Business Administration (SBA)

The SBA provides support to small businesses, including resources on patenting and intellectual property. They offer advice and workshops that help entrepreneurs navigate the patent process effectively.

🥉 3. Inventors Assistance Center

The Inventors Assistance Center is a service provided by the USPTO. It offers guidance to inventors on how to file patents and navigate the application process, particularly for first-time applicants.

4️⃣ Pro Bono Patent Program

This program connects inventors with volunteer patent practitioners. It is designed to help low-income inventors who may not afford legal representation in their patent applications.

5️⃣ State-Specific Patent Resources

Many states offer their own resources for inventors, including workshops and local support groups. Checking with state patent offices can provide valuable information tailored to your area.

🔎 What to Check Before Paying for Help

  • 🕵️‍♂️ Verify the credentials of any service provider.
  • 📄 Review the specific services offered to ensure they meet your needs.
  • 🔍 Compare pricing and services with free options.
  • 📞 Contact the provider for any questions before committing.

❓ Frequently Asked Questions

❓ What is the patent exhaustion doctrine?

The patent exhaustion doctrine allows a patent owner to lose control over a patented product after its first authorized sale. This principle helps ensure that products can move freely in commerce.

📅 How do maintenance fees work?

Maintenance fees for utility patents are required at 3.5, 7.5, and 11.5 years after the patent is issued. These fees help keep the patent active and must be paid to avoid expiration.

⚖️ What are the implications of the AI inventorship ruling?

The USPTO's ruling clarifies that only humans can be named as inventors on patent applications, even if AI contributed to the invention. This affects how applications are filed in tech-related fields.

🔄 Can I challenge an issued patent?

Challenging an issued patent has become more difficult, particularly with recent changes in USPTO policies. The institution rate for challenges has dropped significantly, making it harder to overturn patents.

🌍 Does the exhaustion doctrine apply to international sales?

Yes, the Supreme Court's decision in Impression Products extended the exhaustion doctrine to international sales, meaning patent holders cannot control imports of items already sold abroad.

🌱 What is the self-replication exception?

The Bowman v. Monsanto Co. decision confirmed that the patent exhaustion doctrine does not allow the use of a patented seed to produce new generations without permission from the patent holder. This is crucial for biotechnology patents.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have clarified various aspects of patent law, including the exhaustion doctrine and inventorship issues. These cases are significant for understanding the current landscape of patent rights and protections.

For more recent rulings, please check more rulings on the news page.

End of October 2026 Update





The so-called exhaustion doctrine pertains to the scope of intellectual property rights after the item in which they are embodied is sold. Intellectual property right-holders may attempt to place limitations in a product, such as pertains to its resale by the purchaser or its utilization for some unforeseen purpose. The term "exhaustion doctrine" is usually applied specifically to patent protection issues. It refers to the subject of "first sale," which is also used in regard to copyright. 

The historic case of Bauer & Cie. v. O'Donnell had provided for the wider understanding of the first sale doctrine and limitation of patent protection rights , by a 1913 decision by the Supreme Court that the patent holder could not enforce requirements on the rates of sale for which a patented product was further and permissibly offered. In 2007, however, the Supreme Court found that the lowest allowable price for resale could be required by patent holders. This decision may have further impact on the application of the first sale doctrine.

A Brief History of the Exhaustion Doctrine