📅 2026 Update: Recent Changes to Patent Law and Exhaustion Doctrine

Since the original article was published, several significant changes have occurred in U.S. patent law. These adjustments affect how patents are examined, how fees are structured, and the interpretation of the patent exhaustion doctrine. The earlier article continues below this section, offering foundational insights into these topics.

📜 USPTO Policy Updates

The U.S. Patent and Trademark Office (USPTO) has made notable changes in its policies. As of July 10, 2025, the USPTO stopped accepting petitions for Accelerated Examination of utility applications.

This shift aims to better allocate examining resources to older applications that have not yet been reviewed.

💰 Patent Fee Adjustments

On January 19, 2025, the USPTO updated its patent fees. These adjustments include new discounts for small and micro entities due to the Unleashing American Innovators Act. This change impacts the overall cost of maintaining patents, making it important for inventors to review their fee obligations.

🧑‍🔬 Inventorship Guidance for AI

In November 2025, the USPTO clarified its guidance on inventorship for AI-assisted inventions. The new rule states that only humans can be named as inventors, even if AI systems play a significant role in the invention process. This ruling may affect how patents are filed for inventions developed with AI assistance.

📆 Maintenance Fees and Deadlines

Maintenance fees for utility patents remain crucial. Utility patent holders must now pay these fees at 3.5, 7.5, and 11.5 years after the patent's issue date. These fees are significantly higher for larger entities, and it’s important to note that small and micro entities receive discounts.

📌 Key Points to Remember

  • The USPTO stopped accepting Accelerated Examination petitions.
  • Updated patent fees offer discounts for small and micro entities.
  • Only humans can be named as inventors on patent applications.
  • Maintenance fees apply only to utility patents, with specific deadlines.
  • Changes in policy affect how patents are examined and challenged.

💡 Tips for Navigating Patent Law Changes

Review your individual situation with your attorney.

📝 Understand Fee Structures

Patent holders should familiarize themselves with the updated fee structures. The USPTO offers specific discounts for small and micro entities, which can help reduce overall costs.

🔄 Keep Track of Maintenance Deadlines

Be aware of the maintenance fees due at 3.5, 7.5, and 11.5 years. Payments can be made without a surcharge during a six-month window before each due date, which allows for some flexibility.

🤖 Consider AI in Inventions

If you are working with AI-assisted inventions, understand that only human inventors can be named on patent applications. This could influence how you approach filing for patents in this area.

📅 Utilize USPTO Resources

The USPTO provides various resources, including fee schedules and forms that can assist inventors in navigating the patent process. Take advantage of these tools to stay informed.

📈 Monitor Policy Changes

Stay updated on changes in patent law and USPTO policies. These can affect both new and existing patents, so being proactive can help you manage your intellectual property effectively.

🏆 Free Options Ranked by User Reviews (2026)

Currently, no national paid services meet the review threshold for this area. Instead, this section provides free government and nonprofit resources that can assist with patent-related inquiries.

🥇 1. USPTO Resources

The USPTO offers a wealth of resources for inventors and patent holders. These include access to fee schedules, patent forms, and guidance on various aspects of patent law. The information is designed to help navigate the complexities of the patent process.

🥈 2. Inventors Assistance Center

The Inventors Assistance Center is a valuable resource for those seeking help with patent-related questions. They provide guidance on the patent process and can assist inventors in understanding their rights and responsibilities.

🥉 3. Pro Bono Program

The USPTO's Pro Bono Program connects inventors with volunteer patent attorneys. This initiative helps those who cannot afford legal representation. It's especially beneficial for small and micro entities looking for guidance in patent filing.

4️⃣ USPTO Patent Examination Resources

The USPTO offers examination resources that detail procedures and guidelines. This includes information on how applications are processed and what to expect during the examination phase.

5️⃣ Fee Waivers for Low-Income Applicants

The USPTO also provides options for fee waivers for low-income applicants. Understanding these waivers can help eligible inventors save on patent application costs.

🔎 Things to Check Before Paying for Help

  • 🕒 Review all deadlines related to patent applications.
  • 📄 Ensure you understand the fee structure and available discounts.
  • 🔍 Verify the credentials of any service you consider.
  • 📚 Look into USPTO resources for free assistance.
  • ⚖️ Confirm your eligibility for any pro bono services offered.

❓ Frequently Asked Questions

❓ What is the patent exhaustion doctrine?

The patent exhaustion doctrine states that a patent owner's control over a patented item ends after its authorized first sale. This allows the product to move freely in commerce, preventing infringement claims on subsequent sales.

🔍 How have recent court rulings affected patent law?

Recent court rulings, such as those regarding the exhaustion doctrine, have clarified how patents are enforced. For example, the Supreme Court's decision in Impression Products extended patent exhaustion to international sales.

📅 What are the consequences of missing maintenance fees?

Failing to pay maintenance fees can lead to the expiration of a utility patent. This could result in losing rights to the invention and allow others to use it without permission.

⚖️ What does the USPTO’s new guidance for AI mean for inventors?

The USPTO's guidance clarifies that only humans can be named as inventors in patent applications, even if AI contributes to the invention. This impacts how patents are filed for AI-assisted inventions.

📊 How can I stay updated on patent law changes?

To stay informed about changes in patent law, regularly check the USPTO website and follow legal news. This will help you understand how new developments may affect your patents.

🔒 What are the best practices for filing a patent application?

Best practices include thoroughly researching existing patents, understanding fee structures, and keeping track of deadlines. Utilizing USPTO resources can also enhance your filing process.

⚖️ Recent Cases Related to Patent Exhaustion

Recent court rulings have examined the nuances of the patent exhaustion doctrine and its implications for patent holders. These cases highlight how the doctrine applies to sales and licensing agreements.

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

End of October 2026 Update





As an example of the continued applicability of patent rights after first sale, the purchaser of a product for personal use will generally be allowed to make use of the item for convenience and pleasure but not to replicate the product for the purpose of selling additional copies. That being said, purchasers of products subject to patent ownership often do derive financial benefit directly from the object itself, as through the sale of a purchased item on a second-hand basis. In the issue of patent rights, actions such as these are often referred to as "implied license.' 

That is to say, the holder of patent rights is not likely to issue products with the stated authorization for purchasers to place them in pawn shops or perform their own modifications to them, but such rights can generally be assumed by the consumer. The doctrine of exhaustion holds that patent ownership, which previously would have prohibited someone from performing these actions without permission, to have lapsed after money changes hands and the purchase of the item is accomplished.

The holders of patent rights have been frequently known to seek limitations for the scope of the exhaustion doctrine, in part to ensure that a product is put to the use which it was originally intended for, and in part to assure that they continue to profit from holding patent ownership. The difficulty for such individuals is that commercial sale of patented products involves transferring physical ownership and, in a legal sense, title, to another individual. 

Exhaustion Doctrine Explained

Such a transaction increases the possibility of the purchaser of the item claiming the exhaustion doctrine's applicability. One option which may bypass the exhaustion doctrine and benefit holders of patent rights more reliably is to offer products for licensing rather than sale, which leaves all of the rights of ownership with the patent holder and does not allow for much implied license in the article's use. If products are sold, the patent owner may offer further services, such as warranties, which are not exhausted by the initial sale.