📅 2026 Update: Recent Changes in Patent Law and Procedures

Since the original article was published, there have been several important updates in U.S. patent law and procedures that impact how patents are filed and maintained. These changes include adjustments to fees, new regulations for sequence listings, and improvements in the patent publication process. The earlier article continues further down the page, providing foundational information on patent law.

📈 Patent Fee Adjustments

On January 19, 2025, the USPTO updated patent fees. These adjustments aim to enhance the efficient management of the U.S. patent system. The updated fee schedule affects various patent-related services, including application filing and maintenance fees.

  • 💵 Maintenance fees for utility patents are now due at 3.5, 7.5, and 11.5 years after the patent grant. The amounts vary depending on whether the entity is classified as a small or micro entity.

🧬 Rule Updates for Sequence Listings

On May 3, 2024, the USPTO issued a rule update regarding applications that include nucleotide and amino acid sequences. This change aligns with the WIPO Standard ST.26.

  • 📜 Sequence listings must now comply with this standard, effective July 1, 2024. Applicants should ensure their disclosures meet these updated regulations to avoid complications.

🖥️ Modernization of Patent Publication

In December 2025, the USPTO processed pre-grant publications in-house for the first time. This milestone marks significant progress in how patent applications are published.

  • ⏳ Applications are typically published 18 months after the earliest filing date, as required by law. This modernization streamlines the publication process and enhances efficiency.

⌛ Patent Examination Timeline

The USPTO aims to complete the examination of utility patent applications within 24 months from the filing date. However, actual processing times may vary based on the complexity of the application and the current workload.

📌 Key Points to Remember

  • 🔧 Updated patent fees took effect in January 2025.
  • 🧬 Sequence listings must comply with WIPO Standard ST.26 since July 2024.
  • 🖥️ In-house processing of patent publications began in December 2025.
  • ⏳ Patent examination aims for completion within 24 months.

💡 Tips for Navigating Patent Applications

Review the specifics of your situation with your attorney to ensure compliance and understanding of the patent application process.

📄 File Electronically

The USPTO encourages electronic filing through its Patent Center. This user-friendly interface simplifies the submission and management of applications, making the process smoother for applicants.

⏰ Be Aware of Deadlines

Utility patent applications must be filed within one year of the first public disclosure, sale, or offer for sale of the invention. Missing this deadline can jeopardize the patentability of the invention.

🧬 Understand Sequence Listings Requirements

If your application includes nucleotide or amino acid sequences, ensure you provide sequence listings that comply with WIPO Standard ST.26. This requirement is effective from July 1, 2024, and is crucial for a successful application.

🔄 Know Your Maintenance Fees

Maintenance fees must be paid at 3.5, 7.5, and 11.5 years after the patent grant. The amounts vary based on your entity status, so check the USPTO fee schedule to avoid lapsing your patent.

📚 Utilize USPTO Resources

Take advantage of the various resources offered by the USPTO, including guides and webinars. These can help you better understand the patent process and stay updated on changes.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service met the review threshold for this topic. Therefore, this section lists free government and nonprofit resources available to assist with patent applications and related inquiries.

🥇 1. USPTO Resources

The USPTO provides a range of resources, including guides, webinars, and a contact center. These tools are designed to help inventors navigate the patent application process and understand their rights.

🥈 2. Small Business Administration (SBA)

The SBA offers resources and support tailored for small businesses. This includes information on intellectual property, helping innovators understand the importance of patents for business growth.

🥉 3. Local Inventor Groups

Many regions have local inventor groups that provide free or low-cost assistance. These groups often offer networking opportunities and guidance for inventors looking to patent their ideas.

🔍 What to Check Before Paying for Help

  • 📜 Verify the credentials of any service provider.
  • 🔍 Research user reviews and feedback.
  • 💰 Compare costs among different services.
  • 📅 Ensure they offer a clear timeline and process.

❓ Frequently Asked Questions

❔ What are the new patent fees?

The USPTO updated its fees on January 19, 2025. This affects various services, including application filing and maintenance fees.

❓ How long does the examination of a patent application take?

The USPTO aims to complete the examination of utility patent applications within 24 months from the filing date. However, actual times may vary based on application complexity.

❓ What is the deadline for filing a utility patent?

Utility patent applications must be filed within one year of the first public disclosure, sale, or offer for sale of the invention to maintain patentability.

❓ What are the requirements for sequence listings?

Applications involving nucleotide and/or amino acid sequences must comply with WIPO Standard ST.26 since July 1, 2024. Ensure your disclosures meet these requirements.

❓ How can I access USPTO resources?

The USPTO offers various resources online, including guides, webinars, and a contact center to assist inventors and applicants.

❓ What is the process for electronic filing?

The USPTO encourages electronic filing through its Patent Center, which simplifies the submission and management of applications.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have addressed various issues surrounding patent law, including eligibility and infringement cases. These rulings help clarify how patent laws are applied in real-world situations.

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

End of October 2026 Update





The Patent Cooperation treaty provides an applicant with an international patent registration and the benefit of having an extensive and thorough procedure in order to qualify for an international patent and the protection of rights overseas. At the time an applicant files for an international patent registration, the individual may have the option of conducting what is called a Preliminary Examination, or often referred to as optional examination. The main purpose behind the preliminary patent examination is simply to give the applicant a more conclusive idea as to what the results for the the PCT Patent Search and Examination are going to render. 

The applicant must make a "demand" or request for the preliminary patent examination to be made, and such a request is to be made separately from the international application. The applicant for the international preliminary examination must meet and coincide with the general requirements for the application of an international patent registration. In other words, the applicant must be a resident or considered a national in the contracting state under the PCT provisions and legislation. In certain instances, the Assembly may allow for residents or nationals of a country not signatory to the PCT to apply for an preliminary patent examination as well.

As mentioned, the "demand" for a preliminary examination must be filed separately from the international application, and should contain similar information and be done in the prescribed language. It should also include which contracting states, or nations, in which the preliminary examination results should be used and considered in. The demand for preliminary examination is also subject to other considerations, such as an imposed time limit to file the demand, paying the necessary fees, and having the application for international patent registration must already be filed. 

Preliminary Examination to the Patent Cooperation Treaty

All demands for preliminary patent examination must be submitted to the International Preliminary Examining Authority. Any further elections for adding contracting states or countries must be submitted to the International Bureau.

The International Preliminary Examining Authority is in charge of conducting the international patent examination. The International Preliminary Examining Authority is designated in accordance and approval with both the International Bureau and the Assembly. The IPEA will be evaluated and if deemed qualified to conduct such examinations, will be given approval. The IPEA is also in charge of receiving all demands for the preliminary patent examination, and all applications are to be submitted directly to that office. 

In many cases, the national patent office or Receiving Office will often be approved and qualified as an IPEA. However, in certain situations, because of matters pertaining to language barriers, or simply a Receiving Office not authorized as an IPEA, the application for preliminary patent examination may still be filed at that location, but the application itself may be forwarded to the appropriately qualified IPEA within a particular jurisdiction. 

In this case, the applicant may be invited to choose with IPEA is to conduct the actual examination, especially if there are more than one IPEA locations in that jurisdiction. However, if the International Bureau is not properly notified as to the applicant's choice of IPEA, or the notice is not made within the time limit, the International Bureau shall consider the demand for preliminary patent examination as void.

The International Preliminary Examination has certain similarities with the International Patent Search. After all, the overall purpose for the optional examination is to simply determine how an international patent application in certain contracting states is to be considered under the PCT. This will save time and money for the applicant, if the optional examination proves for negative results in certain of the contracting states. The main objective, as stated by the PCT legislature, is to provide for an opinion on the particular invention or device being submitted for international patent recognition based on the criteria of involving inventive step, if it is novel enough or not, and if it has an industrial or commercial application. 

An invention is considered to involve inventive step if no prior art is to be found and is not overtly obvious to a skilled or trained person in the art or general subject area relating to that device. The invention is considered novel simply if no prior art exists relating to that invention. An invention is considered to have industrial application if it can be made or used in any kind of industry, as defined under the Paris Convention. The international preliminary examination may also consider any documents or information contained in the international search report for to further assist in completing and furnishing an international preliminary examination report. 

The applicant is to receive at least one written opinion, as long as the demand or request meets all of the criteria set forth under the PCT for preliminary examinations. If it does not, the applicant is allowed to make changes or amendments in terms of limiting the scope of the claims, as long as they do not affect the original international patent application. Also, a fee may be required to administer and effect those changes. If those changes are not made to satisfy the PCT requirements, the demand for preliminary examination will be considered abandoned.

If everything goes as planned and requirements are met, an international preliminary examination report shall be made within the allowed time limit. The report will essentially contain the decision as to whether or not the invention in question is to be held as patentable or not under PCT standards, as well as under the elected contracting nations' standards as well. 

The decision of patentability will be in concordance with the prescribed criteria under the patent preliminary examination standards, any other documents used to support the decision, as well as any pertaining legislation or regulations that may apply. The report is then relayed to both the applicant and the International Bureau. It is to be translated into the appropriate and prescribed languages, and then also sent to the pertaining national offices.