📅 2026 Update: Changes in Patent Law and Fees

Since the original article was published, several important updates have occurred in U.S. patent law. These changes impact fees, processes, and resources available for inventors. It is essential to stay informed about these updates as they can affect the patent application process.

The earlier article continues further down the page, providing foundational knowledge about patents and how to secure one. Here are the key updates since the article's release.

🏷️ Decrease in PCT Fees

Starting January 1, 2024, the USPTO lowered certain fees for the Patent Cooperation Treaty (PCT). The International Filing Fee for the first 30 pages decreased from $1,515 to $1,454. This reduction helps make international patent protection more affordable for applicants.

🏢 USPTO Modernization

On December 5, 2025, the USPTO made strides in its Patent Publication Program. For the first time, it processed pre-grant publications in-house. This change aims to improve efficiency and speed up the publication process for patent applications.

📜 Updates to MPEP

The Manual of Patent Examining Procedure (MPEP) received updates in November 2024. The latest revision, Revision 01.2024, includes changes across multiple chapters. These updates reflect current practices and legal standards, ensuring that the guidelines remain relevant and effective.

⏳ Processing Times

The average time from filing to a final decision for a utility patent application is now approximately 24 months. This timeframe is critical for inventors to consider when planning their patent strategy and business development.

📌 Key Updates Summary

  • 🏷️ PCT Fees: International Filing Fee reduced to $1,454.
  • 🏢 USPTO Modernization: In-house processing of pre-grant publications started.
  • 📜 MPEP Updates: Revision 01.2024 reflects current practices.
  • ⏳ Processing Times: Average pendency now around 24 months.

💡 Tips for Navigating the Patent Process

It is essential to discuss your specific situation with an attorney.

📝 Understand Patent Types

Familiarize yourself with the different types of patents, such as utility, design, and plant patents. Each type serves a different purpose and has unique requirements, impacting your application strategy.

📅 Know Your Deadlines

Be mindful of critical deadlines in the patent process. Patent applications publish 18 months after the earliest filing date unless you file a non-publication request. Responding promptly to USPTO communications is vital to avoid application abandonment.

💵 Budget for Fees

Keep updated on the current filing fees. As of January 19, 2025, the basic filing fee for a utility patent application is $350 for paper filings and $140 for electronic submissions. This knowledge helps you plan your budget effectively.

📚 Utilize USPTO Resources

The USPTO offers various free resources to help inventors navigate the patent process. These include guides, webinars, and a contact center for assistance. Using these resources can provide valuable insights and support.

🤝 Explore Pro Bono Programs

If you qualify, consider engaging with pro bono programs. The USPTO collaborates with nonprofits to offer legal assistance for independent inventors and small businesses, helping them navigate the patent landscape.

🔍 Review Maintenance Fees

Remember that maintenance fees are due at 3.5, 7.5, and 11.5 years after patent grant. The fees vary depending on your entity size, so understanding these costs is crucial for keeping your patent in force.

🏆 Ranked by User Reviews (2026)

This section highlights various services related to patent applications and intellectual property. These services have been ranked based on Trustpilot data checked in October 2026. Ratings can change, and it is important to note that unhappy customers often leave more reviews, which may affect the overall score.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is well-known for providing online legal services, including business formation and intellectual property services. Reviewers appreciate its user-friendly platform, making it easier for inventors to manage their patent applications.

However, some users report delays and communication issues, which may affect their overall experience.

🆓 Free Government and Nonprofit Help

The USPTO offers various free resources, including guides, webinars, and a contact center to assist inventors. Additionally, pro bono programs provide legal assistance to independent inventors and small businesses. These resources can be invaluable for those navigating the patent process.

🔎 What to Compare When Choosing a Service

  • 📊 Customer Reviews: Look at overall ratings and individual feedback.
  • 💰 Fee Structure: Understand the costs associated with services.
  • 🕒 Processing Times: Check the average time for application processing.
  • 📚 Resource Availability: Assess the support and resources offered.

❓ Frequently Asked Questions

❓ What is the average time to receive a patent?

The average time from filing to the final decision for a utility patent application is now approximately 24 months.

📜 What are the main types of patents?

The main types of patents include utility, design, and plant patents. Each type has specific eligibility requirements and serves different purposes.

💵 What fees should I expect when applying for a patent?

As of January 19, 2025, the basic filing fee for a utility patent is $350 for paper applications and $140 for electronic filings. Additional fees may apply for non-electronic submissions and maintenance.

🤔 How can I keep my patent in force?

To keep your patent in force, maintenance fees must be paid at 3.5, 7.5, and 11.5 years after the patent grant. The fees vary based on the entity size.

📅 What happens if I miss a response deadline?

If you miss a response deadline to USPTO communications, your application may be abandoned. It's essential to respond within the specified time frames.

🆓 Are there free resources for inventors?

Yes, the USPTO offers free resources, including guides, webinars, and a contact center. Pro bono legal assistance is also available for eligible inventors through nonprofit organizations.

⚖️ Recent Cases in Patent Law

Recent court rulings have influenced various aspects of patent law, including eligibility, infringement, and enforcement. These rulings shape how patents are interpreted and enforced in practice.

Explore more recent rulings in the news section more rulings on the news page.

End of October 2026 Update





A patent is a legal device used to protect intellectual property, such as inventions, designs, or an original work of specific worth or value. In essence, a patent is used in order to protect inventions to the extent that other are prohibited by law to replicate, use, manufacture, and sell the same exact invention or creation. 

In the United States, the process of obtaining a patent can prove to be quite extensive and subject to adhering to specific procedures and patent law. In order to get a patent, one should consider following the steps:

Know the Various Kinds of Patents


How to Get a Patent


The United States Patent and Trademark Office is the governmental authority that deals will all aspects of patents, included in the process of how to get a patent and the formal granting of such legal rights. Before applying for a patent, one should determine which kind of patent is best to obtain for the particular invention is at hand. There are three basic types of recognized patents in the United States:

1. Utility Patent: Granted to individuals that invent or discover any process, device, machine, or improvement of an existing invention.

2. Design Patent: Reserved for inventions of new and original ornamental designs.

3. Plant Patent: Granted to a person that invents, discovers, or asexually reproduces a new and unique plant species.

Prepare All Involved Designs, Procedures, and Drawings for the Invention 

In the process of creating a new invention, there are bound to be specific plans and designs regarding the creation of such a new device. In essence, the entire process of inventing the new machine or design should be documented throughout, so as to provide for a way of recreating the invention in the future.

Furthermore, documented the involved steps, the materials used, specific instructions, and related drawings, designs, or plans should all be produced for record-keeping purposes. When filing for a patent, it will be required that some, if not all, related plans, drawings, and instructions for creating the invention be provided. This is to not only document how to create the invention, but to also ensure that it is a unique and valuable one.


Conduct a Patent Search

In the process of how to patent a new invention, before submitting an application for a formal patent, a patent search should be conducted in regards to the newly created invention.  The United States Patent and Trademark Office keeps on record for public viewing all patents that are properly registered.

Conducting a search would help determine whether a patent has been filed or granted that is similar to a person’s invention or new design. This can help avoid costs and time in the case the patent application is filed, and then is found to have already been granted previously for a similar invention. The patent search can be done through the USPTO website or in person at the USPTO Public Search Facility in Alexandria, Virginia.

Visit the USPTO Website and Obtain Necessary Application Forms

Upon finding that there is no patent on file in regards to a person’s invention, then one can submit a formal application for a patent. The application will contain information regarding the inventor and distinct and extensive information regarding the invention that is being filed for patent. There will also be certain fees required at the time filing the patent application.

Consider Hiring a Patent Attorney

How to patent an invention will vary depending on the nature of the invention itself. Furthermore, there are various laws and regulations that exist in regards to patents which can prove to be confusing to many. Therefore, it is often recommended to hire the services of a patent attorney to help with the patent application process.