📅 2026 Update: Recent Developments in US Patent Law

Since the original article on the Patent Act of 1790 was written, several important updates have occurred in US patent law. These changes affect how patents are filed, processed, and maintained, bringing new guidelines and fee adjustments. The earlier article continues further down the page, providing foundational knowledge about patent law.

📜 New Patent Fee Adjustments

On January 19, 2025, the United States Patent and Trademark Office (USPTO) updated its patent fees. This change aims to support the USPTO's efficient operations and strategic goals. The basic filing fee for a utility patent application is now $350 for large entities.

Smaller entities enjoy reduced fees, helping to make the patent process more accessible.

  • 💰 Non-Electronic Filing Fee: For original nonprovisional utility applications filed in paper, there's an additional non-electronic filing fee of $400.

🧬 WIPO Standard ST.26 Adoption

Effective July 1, 2024, the USPTO adopted WIPO Standard ST.26. This standard requires patent applications that include nucleotide or amino acid sequences to be submitted in eXtensible Markup Language (XML) format. This change aims to streamline the application process and improve data handling.

🤖 AI-Assisted Inventions Guidance

On February 13, 2024, the USPTO released guidance regarding AI-assisted inventions. The guidance clarifies that these inventions are not automatically unpatentable. The focus remains on the human contribution to the innovation, emphasizing the need for genuine human involvement in the inventive process.

🏢 Unleashing American Innovators Act of 2022

This act was signed into law on December 29, 2022. It established new regional outreach offices and increased fee discounts for small and micro entity patent applicants. This effort aims to encourage innovation and support independent inventors and small businesses in navigating the patent system.

📌 Key Updates Summary

  • 💵 Updated patent fees effective January 19, 2025.
  • 📜 WIPO Standard ST.26 requires XML format for certain patent applications.
  • 🤖 AI-assisted inventions can be patented if there is human contribution.
  • 🏢 New outreach offices and fee discounts for small entities established by the Unleashing American Innovators Act.

💡 Tips for Navigating Patent Law

Review your situation with an attorney to ensure you understand your patent options fully.

📝 Understand the Types of Patents

Know the different types of patents available. Utility patents cover useful processes, machines, and compositions. Design patents protect ornamental designs, while plant patents apply to new plant varieties that are asexually reproduced.

🗓️ Keep Track of Deadlines

Be aware of maintenance fee deadlines. These fees are due at 3.5, 7.5, and 11.5 years after your patent is granted. Missing these deadlines can result in expiration of your patent.

🗂️ Use the Right Forms

When filing for a patent, ensure you use the correct forms. The USPTO provides various forms for express abandonment and fee transmittal. Using the correct forms can help avoid delays in your application.

💡 Seek Free Resources

Take advantage of free resources available to inventors. The USPTO offers the Inventors Assistance Center (IAC) for guidance on the patent process. There are also patent pro bono programs providing free legal assistance to those who qualify.

🔍 Review the Application Process

Familiarize yourself with the patent application process. The USPTO offers a step-by-step guide to help you understand what is required, from determining if a patent is right for you to maintaining it once granted.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services met the review threshold for patent assistance, so this section focuses on free government and nonprofit resources that can help inventors navigate the patent process.

🥇 1. Inventors Assistance Center (IAC)

The USPTO's Inventors Assistance Center offers free guidance for inventors. It helps with questions about the patent process and fees. This resource is especially useful for those who are new to the patenting process and need straightforward answers.

🥈 2. Patent Pro Bono Programs

The USPTO supports regional patent pro bono programs. These programs provide free legal assistance to independent inventors and small businesses. They help those who may not have the resources to afford legal fees, ensuring that innovation is accessible.

🥉 3. Manual of Patent Examining Procedure (MPEP)

The MPEP contains detailed guidance on patent examination procedures. It is freely available on the USPTO's website. This manual is a valuable resource for anyone looking to understand the complexities of patent law in greater detail.

4️⃣ Patent Application Process Overview

The USPTO provides a comprehensive overview of the patent application process. This resource walks inventors through the steps from determining if a patent is right for them to maintaining their patent. It is a key tool for navigating the patent landscape.

🔎 What to Check Before Paying for Help

  • 📋 Verify credentials of anyone offering paid services.
  • 💬 Read reviews to understand others' experiences.
  • 🔍 Inquire about fees and any hidden costs.
  • 🏛️ Confirm the help is relevant to your specific needs.

❓ Frequently Asked Questions

❓ What is a utility patent?

A utility patent is granted for new and useful processes, machines, or compositions of matter. It protects the functional aspects of inventions and is one of the most common patent types.

🏷️ How do I file a patent application?

To file a patent application, you need to prepare the necessary documents and forms. The USPTO provides a step-by-step guide on its website to help you through the process.

⏳ What are the deadlines for maintenance fees?

Maintenance fees for patents are due at 3.5, 7.5, and 11.5 years after the patent grant. It's crucial to pay these fees on time to maintain the validity of your patent.

📑 What should I include in my patent application?

Your patent application must include a detailed description of your invention, claims that define the scope of protection, and any necessary drawings. Following the USPTO guidelines ensures your application meets the requirements.

🔄 Can I change my patent application after filing?

Yes, you can make certain changes to your patent application after filing. However, specific rules govern how and when you can amend your application, so it's important to follow USPTO guidelines.

📊 How does the USPTO process applications?

The USPTO reviews patent applications by examining the claims and comparing them to existing patents. The processing time can vary, and responses to office actions must typically be submitted within six months.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have clarified various aspects of patent law, affecting how patents are interpreted and enforced. These cases highlight the evolving landscape of intellectual property rights.

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

End of October 2026 Update





The registration process is also described, which bears a striking resemblance to the one necessary patenting under U.S. patent law. The applicant must provide in writing a description of the device, along with any pertaining drafts and/or models to be examined to determine the eligibility for a patent grant. It was a requirement instated for the purpose of being able to reproduce the device or invention under the permission of the patent owner for public use, as well as for its use or recreation after the patent term expired. 

Sections three and four addressed what could be considered a form of patent licensing and provisions regarding the unauthorized use of a patented product. In the case that a person would wish to use the patented invention, it had to be approved by the Secretary of State, and the applicant would have to pay fee to be granted permission. If the use of a patent was not approved, and is deemed as unauthorized, the patent owner may be eligible to receive compensation for any damages incurred. 

A jury would decide the form and/or amounts regarding compensation, and would be the sole responsibility of the individual to cover the costs. This early provision regarding patent infringement also required that the individual committing such act forfeit the unauthorized reproductions of the patented device. Sections five and six address certain procedures regarding the unlawful and untruth registration of a patent, as well court proceedings regarding alleged acts of improper registration. (See Also: Patent Infringement-Defenses: Patent Misuse). 

The Content and Provisions of the Patent Act of 1790

Registrations would be issued based upon a taken and sworn oath, and if it could be proven that the patent is invalid, it could be repealed by the courts, and the owner of the patent must cover all the costs incurred by the defendant, as well as tax imposed by the courts. 


The Patent Act also establishes that registration of patent shall act as prima facie evidence in court, and will be given preference in any case regarding unauthorized use of patents or infringement. The final section included in the patent law outlines the specific fees regarding the registration of a patent. The following fees were required at the time of registration:

         Application for patent registration: Fifty cents

         Filing of required written descriptions consisting of 100 words: Ten cents

         The drafting of the actual patent: Two dollars

         Applying the great seal for recognition: One dollar

         Endorsing the date of registration and patent rights: Twenty cents

The fee schedule, though not exactly determined or applied as it is today, still bears a resemblance to the fees required for patent registration under current United States patent law. The Patent Act of 1790 can clearly provide as to how modern United States patent law is derived from a document that was created over two hundred years ago.