📅 2026 Update: Key Changes in US Patent Law

Since the original article was written, several important changes have occurred in US patent law. These updates impact fees, guidance for inventors, and the patent application process. The following sections outline these changes, while the earlier article continues further down the page.

🏦 Patent Fee Adjustments

Effective January 19, 2025, the USPTO updated patent fees. This change aims to support the efficient administration of the US patent system. Applicants should be aware of these new costs when planning their patent applications.

🤖 Revised Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the USPTO issued new guidance about inventorship. This guidance confirms that only natural persons can be named as inventors on patent applications, even if artificial intelligence contributed to the invention. This change clarifies the role of AI in the patent process.

🎉 Celebration of the 1 Millionth Patent eGrant

On December 30, 2025, the USPTO celebrated a milestone by issuing its 1 millionth electronic patent grant. This achievement highlights the ongoing modernization of the patent granting process, making it more accessible and efficient for inventors.

🎨 Special Patent eGrant Covers

Starting March 17, 2026, the USPTO introduced redesigned eGrant covers. These covers commemorate America's 250th anniversary and feature a new design chosen from an agency-wide contest. This initiative aims to celebrate innovation while providing a unique touch to patent grants.

📌 Key Points Summary

  • 🏦 New patent fees were implemented in January 2025.
  • 🤖 Only natural persons can be inventors, even with AI involvement.
  • 🎉 The USPTO issued its 1 millionth electronic patent grant in December 2025.
  • 🎨 Redesigned eGrant covers were launched in March 2026.

💡 Tips for Navigating Patent Applications

Review the details of your situation with your attorney to ensure compliance with current patent laws.

⚙️ Understand Patent Types

Familiarize yourself with the three main types of patents: utility, design, and plant patents. Each type serves a specific purpose and has different requirements for application.

📅 Track Application Deadlines

Be mindful of deadlines related to office actions. Responding within six months is essential, and extensions are available for two to three months depending on the office action type.

💵 Budget for Fees

Prepare for various fees, including the basic filing fee for utility patents, which is $350 for paper submissions. Additional fees may apply, so budget accordingly.

📄 Use USPTO Resources

Take advantage of free resources provided by the USPTO. Tools like the Inventors Assistance Center can offer guidance on the patent application process and associated fees.

📝 Keep Maintenance Fees in Mind

Remember that maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. Timely payments are crucial to keep your patent in effect.

🏆 Patent Services Ranked by User Reviews (2026)

This section covers services that assist with patent applications and related processes. The rankings are based on Trustpilot data from October 2026. Ratings can change over time.

Star ratings are just one way to gauge service quality, as unhappy customers often leave more feedback.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 on Trustpilot. It is known for offering online legal services, including patent application assistance. Reviewers often mention delays and communication issues as areas for improvement.

🆓 Free Government Assistance

The USPTO provides free resources for independent inventors and small businesses. This includes guidance from the Inventors Assistance Center and access to patent basics on the USPTO website, helping users navigate the patent process without incurring costs.

🔎 Factors to Compare When Choosing Patent Services

  • 🏷️ Service fees and costs
  • 💬 Customer feedback and ratings
  • 🕒 Processing times for applications
  • 📋 Availability of free resources and assistance options

❓ Frequently Asked Questions

❔ What is a utility patent?

A utility patent is granted for new and useful processes, machines, or compositions of matter. This type of patent is one of the three main categories recognized by the USPTO.

📅 How long does the patent application process take?

The total time from filing to issuance or abandonment varies depending on the application type and other factors. Applicants should check the USPTO's website for current processing times.

💵 What are maintenance fees?

Maintenance fees are required to keep a utility patent in force. These fees are due at 3.5, 7.5, and 11.5 years after the patent is granted.

📝 What should I do if I miss a deadline?

If you miss a deadline for responding to an office action, you typically have a limited timeframe to file for an extension. It's essential to act quickly to avoid abandoning your application.

🤖 Can AI be listed as an inventor on a patent?

No, according to the USPTO's guidance, only natural persons can be named as inventors on patent applications, even if AI played a role in the invention process.

🔍 How can I find free resources for patent applications?

The USPTO offers free assistance through the Inventors Assistance Center and provides guides on the patent process. Check the USPTO's website for more information.

⚖️ Recent Court Cases Related to Patents

Recent court rulings have impacted various aspects of patent law, including eligibility and infringement. These cases highlight the ongoing evolution of patent regulations.

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

End of October 2026 Update





Although the subject of issuing the right to have a monopoly over an idea or invention is controversial, patenting and its benefits have been woven into the structure of the United States Constitution. The United States Constitution was founded under the notion that the progress of science and useful arts is important to the progress and future of society, and one way of doing this is to grant authors and inventors a limited period in which they may reap the full benefits from their hard work and labor. 

Written during the Industrial Revolution, ideals of United States patent law reflect the immense strides in technology and engineering taking place during the time. The Industrial Revolution sparked innovation and inspiration to achieve new standards in technology and provided a glimpse of the potential of human ingenuity. A pro-patent environment would help to achieve new levels in technology.

The United States Constitution gave the power to Congress to create laws pertaining to patents. Under Article I, section 8, it reads, "Congress shall have power... to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries."

What Does the Constitution Say About Patents?

The first U.S. Patent Act, which was passed into law on April 10, 1790, gave the power to the Secretary of State, the Secretary of War and the Attorney General to grant patents to inventors for creating devices and other engineering articles which have never been developed or used before. The granting of patents was usually based on the importance of the new invention, and deciding this was assigned to the discretion of these three positions of power. 

The first modification was made to the Patent Act by Thomas Jefferson in 1793, who was then Secretary of State, to include a further defined description of patentable objects. Under this change, new and useful art, machines, manufactures or compositions of matter, or any improvements to these were considered patentable.


During the first three years of the establishment of patent law, only 55 patents were granted. In the next 40 years, over 10,000 were granted. As the structure of patenting began to grow, so did the need to modify its guidelines. Patent Law under the U.S. Constitution underwent its most recent and significant modification in 1952, establishing the modern patent structure in the United States. 

The amendment placed further responsibility in the hands of the inventor, who was now required to describe the invention in great detail, in addition to the basis for its infringement. The other notable change was that inventions were required to be "non-obvious" to prevent inventors from taking ownership of common knowledge in a certain field.