📅 2026 Update: Recent Changes in U.S. Patent Law

Since the original article was published, there have been several important updates in U.S. patent law. These changes affect various aspects of patent applications, fees, and procedures. The earlier article continues further down the page.

📜 New Patent Fee Adjustments

On January 19, 2025, the United States Patent and Trademark Office (USPTO) updated its patent fees. These adjustments aim to support the efficient operation of the USPTO and meet strategic goals. As of August 14, 2026, the basic filing fee for a utility patent is $350 for large entities.

Smaller entities can benefit from reduced fees.

🌐 Adoption of WIPO Standard ST.26

The USPTO updated its regulations on July 1, 2024, to align with WIPO Standard ST.26. This requires that patent application disclosures involving nucleotide and/or amino acid sequences be submitted in XML format. This change aims to streamline how biological information is presented in applications, making it easier for examiners to review.

🤖 Guidance on AI-Assisted Inventions

Effective February 13, 2024, the USPTO clarified its stance on AI-assisted inventions. The guidance states that such inventions are not automatically unpatentable. However, there must be a significant human contribution to the innovation for it to qualify for a patent.

🚀 Support for Small Innovators

The Unleashing American Innovators Act of 2022, signed into law on December 29, 2022, has increased fee discounts for small and micro entity patent applicants. This act also established new regional outreach offices to provide support and resources for inventors across the country.

📅 Changes in Office Action Response Deadlines

The deadlines for responding to office actions remain at six months from the mailing date. Extensions of time are generally available for two or three months, depending on the specific office action. This allows applicants some flexibility in addressing issues raised during the patent examination process.

📌 Key Takeaways

  • 📈 Patent fees were updated in January 2025.
  • 🌍 WIPO Standard ST.26 requires XML format for certain applications.
  • 🤖 AI-assisted inventions can be patented if there is human contribution.
  • 🏢 The Unleashing American Innovators Act benefits small and micro entities.
  • ⏳ Office action response deadlines are still six months, with possible extensions.

💡 Tips for Navigating Patent Applications

Review the details of your specific situation with your attorney to understand the best course of action for your patent application.

📑 Understand Patent Types

Utility patents are granted for new and useful processes, machines, and compositions of matter. Design patents cover new and original designs for articles of manufacture. Knowing the type of patent you need is crucial for your application.

💲 Keep Up with Current Fees

As of August 14, 2026, the basic filing fee for utility patents is $350 for large entities. Be aware of additional fees, such as the non-electronic filing fee of $400 for applications filed on paper. Planning for these costs can help avoid surprises.

⏰ Mark Your Maintenance Fee Deadlines

To keep your patent in force, maintenance fees are due at 3.5, 7.5, and 11.5 years after grant. Make sure to pay these fees on time, as failure to do so will result in the expiration of your patent.

📝 Utilize Free Resources

The USPTO offers the Inventors Assistance Center (IAC) for free support on the patent process. Additionally, regional patent pro bono programs provide free legal assistance to independent inventors and small businesses.

📅 Keep Track of Office Action Responses

When you receive an office action, make sure to respond within six months. If necessary, consider requesting an extension of two or three months to prepare an adequate response and address any issues raised by the examiner.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold for inclusion here. Instead, this section highlights free government and nonprofit resources that can assist with patent-related needs.

🥇 1. Inventors Assistance Center (IAC)

The IAC provides free assistance to inventors. They offer guidance on the patent process and can answer questions about fees. This resource is especially helpful for those just starting their journey in patenting.

🥈 2. Patent Pro Bono Programs

These regional programs provide free legal assistance to independent inventors and small businesses. They aim to help those who may not afford legal representation navigate the complexities of the patent system.

🥉 3. USPTO's Website Resources

The USPTO's website offers a wealth of information, including guides on the patent application process and the Manual of Patent Examining Procedure (MPEP). Utilizing these resources can help applicants understand the steps involved in securing a patent.

4️⃣ Fee Transmittal Form (SB/17)

The USPTO provides a Fee Transmittal form for submitting payments with patent applications. This form ensures that all required fees are properly accounted for during the application process.

5️⃣ Guidance on Responding to Office Actions

The USPTO offers guidance on how to respond to office actions. This includes deadlines and procedures that are essential for maintaining the patent application process.

🔎 What to Check Before Paying for Help

  • 💰 Understand the fees associated with the patent process.
  • 📅 Know the deadlines for filing and responding to applications.
  • 🏛️ Verify the credentials of any service provider.
  • 📞 Check for available free resources before paying for assistance.

❓ Frequently Asked Questions

❓ What is a utility patent?

A utility patent protects new and useful processes, machines, or compositions of matter. This is the most common type of patent issued by the USPTO.

🕒 How long does it take to receive a patent?

The time to receive a patent can vary. The USPTO aims to process most applications within 18 months, but it can take longer depending on the complexity of the application and any office actions.

📜 Can I submit a patent application online?

Yes, the USPTO allows applicants to file their patent applications electronically. This is the preferred method as it can expedite the process.

🔄 What happens if I miss a maintenance fee deadline?

If you miss a maintenance fee deadline, your patent may expire. It is important to pay these fees on time to maintain your patent rights.

📅 How can I find out if my invention is patentable?

The USPTO provides resources to help determine if your invention may be patentable. It’s important to conduct a prior art search to see if similar inventions already exist.

🏢 What support is available for small inventors?

Small inventors can access the Inventors Assistance Center and regional patent pro bono programs for free guidance and legal help. These resources are designed to support those who may face barriers in the patent process.

⚖️ Recent Cases Impacting Patent Law

Recent court rulings have influenced various aspects of patent law, including eligibility criteria and procedural changes. These rulings can affect how patents are granted and enforced.

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

End of October 2026 Update






 



The Patent Act of 1952 affirmed that patent rights from that time onward would be enforced according to federal statutes. To this end, it also reordered the government agency responsible for patent rights, changing the former Patent Office into the newly dubbed Patent and Trademark Office. 



This agency was placed under the aegis of the newly ordered Title 35 of the United States Code. The Parts of this Title were ordered according to the area of patent rights they dealt with. Comprising three at the time, the Parts were later increased in number to four, by a major 1975 amendment on the issue of international patent rights in supplement to the formerly country-based patent protection.

The Patent Act of 1952


As Part I of Title 35, the 1952 Act passed its laws on "Patent and Trademark Office," which specified the duties that would be incurred by the titular office and the capabilities it would be given for carrying them out, as well as other organizational details. Within Part I, Chapter 1, comprising Sections 1 to 14, dealt with the subject of "Establishment, Officers, and Employees, Functions." Chapter 2, from Sections 21 to 26, was given to "Proceedings in the Patent and Trademark Office." Sections 31 to 33, of Chapter 3, address "Practice Before Patent and Trademark Office." Chapter 4, on "Patent Fees; Funding; Search Systems," covers Sections 41 to 42.



Part II of Title 35 concerns the subject of "PatentabilityPlant PatentsDesign 



Part III was devoted by the 1952 Act to "Patents and Protection of Patent Rights." Chapter 25, including Sections 251 to 256, involves "Amendment and Correction to Patents." Chapter 26, of Sections 261 and 262, is on "Ownership and Assignment." "Government Interests in Patents" is covered by Sections 266 and 267 in Chapter 27. Sections 271 to 273 of Chapter 28 deal with "Infringement of Patents." Chapter 29 concerns "Remedies for Infringement of Patent, and Other Actions," in Sections 281 to 297. "Prior Art Citations to Office and Ex Parte Reexamination of Patents" is covered in Sections 301 to 307 of Chapter 30. Chapter 31 deals with "Optical Inter Partes Reexamination Procedures" in Sections 311 to 318.