📅 2026 Update: Recent Changes in Patent Law and Fees

Since the original article, several updates have taken place in U.S. patent law that impact patent applications, fees, and processing. Key changes include reduced fees for the Patent Cooperation Treaty and enhancements to the patent publication process. The information below highlights these important updates, which continue to influence patenting practices.

📉 Decrease in PCT Fees

As of January 1, 2024, the USPTO lowered certain fees for the Patent Cooperation Treaty (PCT). The International Filing Fee for the first 30 pages dropped from $1,515 to $1,454. This change aims to make it more affordable for inventors to seek international patent protection.

🏢 USPTO Publication Process Modernization

On December 5, 2025, the USPTO achieved a significant milestone. They began processing pre-grant publications in-house for the first time. This advancement is part of the USPTO's effort to streamline operations and improve the efficiency of the Patent Publication Program.

📚 Updates to the MPEP

In November 2024, the USPTO published Revision 01.2024 of the Manual of Patent Examining Procedure (MPEP). This revision includes updates across multiple chapters, reflecting current practices and legal standards. Such updates can help applicants understand the latest rules and requirements.

⏳ Average Processing Times

The average time for a utility patent application to go from filing to final decision is now approximately 24 months. This timeline may vary, but it remains an important factor for inventors planning their patent strategy.

📌 Key Takeaways

  • 📉 PCT fees have been reduced to lower costs for applicants.
  • 🏢 The USPTO is now processing pre-grant publications in-house.
  • 📚 The MPEP has been updated to include current practices.
  • ⏳ Average processing time for patent applications is around 24 months.

💡 Tips for Navigating Patent Applications

Reviewing your specific situation with an attorney can help clarify your patent needs.

📑 Understand Basic Filing Fees

The basic filing fee for a utility patent application is $350 for paper filings and $140 for electronic filings as of January 19, 2025. Knowing these fees can help you budget accordingly.

⚙️ Ensure Subject Matter Eligibility

To qualify for a patent, your invention must be novel, non-obvious, and useful. It should also fit into the categories of process, machine, manufacture, or composition of matter.

🕒 Be Mindful of Deadlines

Patent applications are published 18 months after the earliest filing date. Responding to USPTO communications promptly is crucial to avoid abandonment of your application.

🛠️ Utilize USPTO Resources

The USPTO provides free resources, including guides and webinars, to assist inventors throughout the patent process. These resources can be valuable in navigating complex requirements.

🤝 Explore Pro Bono Programs

For independent inventors and small businesses, the USPTO collaborates with nonprofits to offer pro bono legal assistance. These programs can help you access legal support without the high costs.

🏆 Top Services for Patent Assistance Ranked by User Reviews (2026)

The services listed below provide online legal help suitable for patent applications and intellectual property issues. The rankings are based on Trustpilot data as of October 2026, and scores may change over time. While star ratings are helpful, they can be influenced by customer experiences that vary widely.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for offering a range of online legal services, including business formation and intellectual property services. Reviewers note that while it provides comprehensive support, some have reported delays and communication issues, which may affect timely processing of patent applications.

🆓 Free Government Resources

The USPTO offers numerous free resources, such as guides, webinars, and a contact center. They also provide pro bono programs in partnership with nonprofits to help independent inventors and small businesses navigate the patent process without incurring high costs.

🔎 What to Compare When Choosing Patent Services

  • 🔍 Service reputation based on user reviews.
  • 💰 Fee structures and any available discounts.
  • 🕒 Processing times for applications.
  • 📚 Availability of educational resources.
  • 🤝 Support options for legal assistance.

❓ Frequently Asked Questions

❓ What are maintenance fees for a patent?

Maintenance fees ensure that a patent remains in force and are due at 3.5, 7.5, and 11.5 years after the patent grant. These fees vary based on the size of the entity holding the patent.

🕒 How long does it take to get a patent?

The average processing time for a utility patent application is approximately 24 months from filing to final decision, although this timeline can vary depending on specific circumstances.

📅 When are patent applications published?

Patent applications are typically published 18 months after the earliest filing date. Applicants may request non-publication to keep their application private.

📝 What forms are needed for express abandonment?

The USPTO provides forms for express abandonment under 37 CFR 1.138, including the Petition for Express Abandonment to Obtain a Refund. These forms were updated in January 2025 to streamline the abandonment process.

📖 How often is the MPEP updated?

The Manual of Patent Examining Procedure (MPEP) is regularly revised to reflect current practices and legal standards. The latest revision was published in November 2024.

📣 What resources does the USPTO offer for inventors?

The USPTO offers various free resources, including guides, webinars, and a contact center. They also partner with nonprofits to provide pro bono legal assistance to help inventors with the patent process.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have addressed various aspects of patent law, influencing how inventions are protected and litigated. These cases highlight the evolving nature of patent rights and compliance with current legal standards.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





Title 35 of the United States Code provides the measures by which the United States Patent and Trademark Office (USPTO) registers applicants for patents. Among these, Section 154 should be referred to by a likely or hopeful patent holder for patent terms limits and related procedures and regulations. In general the length of time allowed for a patent term will be twenty years. Section 156 contains the provisions for the extension of a patent term beyond the twenty-year cut-off date by the request and valid application of the patent holder.

Part (a) of Section 154, which applies "In General" to the section's overall subject of "Contents and term of patent; provisional rights," includes as (2) among its provisions the "Term" that may be allowed for the maintenance of patent registration rights. The period of twenty years for the patent term is defined as beginning on the date on which the patent is issued and ending twenty years from the day on which the application was filed. 

If the patent application was approved on the basis of a patent application received at an earlier date, then the date of the earlier application will be used to set the cut-off date for the patent term. The sections found elsewhere in Title 35 which pertain to this provision include 120, 121 and 365 (c). Provision (3) of Part (a) of Section 154 rules that the priority of a patent as may be provided for by Section 119 is not relevant for determining patent term limits.

The Legal Facts on Patent Content and Terms

Part (b) of Section 154 concerns "Adjustment of Patent Term." Provision (1) describes "Patent term guarantees." The various regulations contained in (1) allow for extensions to be made to the length of a patent term in instances in which registration is delayed for some reason outside the control of the patent applicant. (A) provides for the promptness of "patent and trademark responses" to application communications, in view of which the USPTO will make an addition of one day for every day after which the appropriate time for action by the USPTO toward registration of a patent has elapsed. (B) allows for the extension of a patent term by one day for every day following the three-year period after which the application is received. Similar patent term protections are made in (C), which concerns delays caused to patent issuance for such reasons as appeals and the need for secrecy.

Provision (2) sets down restrictions to the rights enumerated by the preceding sections. For instance, if it is found that the applicant did not meaningfully "prosecute" the patent application for a certain period of time, that length of time should be subtracted from any patent term granted. Any delay experienced by the patent applicant shall be restricted in its applicability to the patent term to the actual period during which registration was being awaited, as opposed to the accumulating periods of time lost to various causes for delay as may have occurred alongside each other.