📅 2026 Update: Recent Changes in US Patent Law

Since the original article on amendments to the Patent Act of 1952, several important changes have occurred in US patent law. These changes affect patent fees, application processes, and the treatment of AI-assisted inventions. Readers can find more detailed information further down the page, where the original article continues.

🏷️ Patent Fee Adjustments

In January 2025, the USPTO updated its patent fees. These adjustments aim to support efficient operations and strategic goals. The basic filing fee for utility patents is now $350 for large entities, with reduced fees for small and micro entities.

These changes are important for anyone looking to apply for a patent.

📄 WIPO Standard ST.26 Adoption

On July 1, 2024, the USPTO aligned its regulations with WIPO Standard ST.26. This requires that patent application disclosures containing nucleotide and/or amino acid sequences be submitted in XML format. This change is significant for inventors in the biotechnology field, as it streamlines the application process.

🤖 AI-Assisted Inventions Guidance

As of February 13, 2024, the USPTO clarified that AI-assisted inventions are not automatically unpatentable. The guidance emphasizes that human contribution is essential in these innovations. This is a crucial development for inventors using AI in their work, as it opens up new possibilities for patenting AI-assisted technologies.

🏢 Unleashing American Innovators Act of 2022

The Unleashing American Innovators Act, signed into law on December 29, 2022, established new regional outreach offices. It also increased fee discounts for small and micro entity patent applicants. This act aims to support smaller inventors and businesses in navigating the patent process.

📌 Key Updates Summary

  • 🏷️ Patent fees updated to support efficient operations.
  • 📄 WIPO Standard ST.26 requires XML format for certain disclosures.
  • 🤖 AI inventions can be patented with human contribution.
  • 🏢 New outreach offices help small and micro entity applicants.

💡 Tips for Navigating Patent Applications

Consider discussing your situation with an attorney to understand the best approach for your patent application.

📅 Understand the New Fees

Be aware of the updated patent fees that took effect in January 2025. Familiarize yourself with the basic filing fee of $350, which applies to large entities. Reduced fees are available for small and micro entities, making it essential to know which category you fall into.

📝 Use the Right Formats

If your patent involves nucleotide or amino acid sequences, remember to submit disclosures in XML format. This requirement started on July 1, 2024, and is essential for compliance with WIPO Standard ST.26.

🤖 Focus on Human Contribution

If your invention involves AI, ensure that there is a significant human contribution. The USPTO's guidance states that AI-assisted inventions are not unpatentable as long as a human is involved in the innovation process.

🏢 Explore Fee Discounts

Look into the fee discounts available under the Unleashing American Innovators Act. These discounts are aimed at small and micro entity patent applicants, which can help reduce your overall patent costs.

⏳ Meet Deadlines

Keep track of important deadlines for responding to office actions. Responses must be submitted within six months from when the office action is mailed. Extensions are available, but timely responses help keep your application on track.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service has met the review threshold for this topic, so here are free government and nonprofit resources to assist inventors.

🥇 1. Inventors Assistance Center (IAC)

The USPTO's Inventors Assistance Center offers free support to inventors. They provide guidance on the patent process and answer fee-related questions. This resource is especially helpful for first-time applicants navigating the complexities of patent law.

🥈 2. Patent Pro Bono Programs

The USPTO supports regional patent pro bono programs that provide free legal assistance. These programs help independent inventors and small businesses who may not afford legal services. This can be a valuable resource for those seeking patents without the means to hire a lawyer.

🥉 3. Manual of Patent Examining Procedure (MPEP)

The MPEP is a detailed guide available on the USPTO's website. It outlines patent examination procedures and helps applicants understand the process. This document serves as an important reference for anyone involved in the patent application process.

4️⃣ Patent Application Process Overview

The USPTO provides a step-by-step guide on how to apply for a patent. This overview covers everything from determining patent eligibility to maintaining your patent once granted. It is a great starting point for inventors looking to protect their inventions.

🔎 Things to Check Before Paying for Help

  • 🏷️ Verify credentials of anyone offering patent services.
  • 📄 Understand fees associated with services.
  • 🤝 Look for reviews or testimonials.
  • 💼 Check for non-profit options before choosing paid services.

❓ Frequently Asked Questions

🤔 What is the current basic filing fee for a utility patent?

The basic filing fee for a utility patent application is $350 for large entities as of August 14, 2026. Reduced fees are available for small and micro entities.

🕒 How long do I have to respond to an office action?

You must respond to office actions within six months from the mailing date. Extensions are typically granted for two or three months, depending on the type of office action.

📅 What happens if I miss my maintenance fee deadline?

If you miss the maintenance fee deadlines at 3.5, 7.5, and 11.5 years after the patent grant, your patent will expire. It is crucial to keep track of these deadlines to maintain your patent rights.

📜 Can AI-assisted inventions be patented?

Yes, AI-assisted inventions can be patented as long as there is a significant human contribution. Guidance from the USPTO clarifies that these inventions are not categorically unpatentable.

🏢 What is the Unleashing American Innovators Act?

This act, signed into law on December 29, 2022, created new regional outreach offices and increased fee discounts for small and micro entity applicants. It aims to support innovation from smaller inventors and businesses.

🔍 Where can I find resources for patent assistance?

You can access free resources through the USPTO, including the Inventors Assistance Center and regional patent pro bono programs. These resources provide guidance and support for inventors navigating the patent process.

⚖️ Recent Cases in Patent Law

Recent court rulings have addressed various aspects of patent law, including the treatment of AI-assisted inventions and the interpretation of patent eligibility criteria.

You can browse more rulings on the news page to stay updated on recent developments.

End of October 2026 Update





The 1980 Bayh-Dole Act went into effect in United States patent law on December 12, 1980. Among the various changes it made to patenting procedures, the measure which generally draws the greatest attention is a reversal in "presumption of title," which as applied in the act means that small-business, non-profit, or university-level educational groups can be given preferential treatment in comparison to the federal government in judgments made concerning inventions created with federal funds.

Such an invention is called a "subject invention," with the meaning that it is first "reduced to practice" while being funded to some degree by the federal government. The inventors can have the title to an invention created in such a setting while allowing the government to exercise certain rights in return. The provisions required by the Bayh-Dole Act were placed in Sections 200 through 212 of Article 35 of the United States Code, and were put into practice by Section 401 of Title 37 of the Code of Federal Regulations.

Amendments to the Patent Act of 1952