📅 2026 Update: Changes Affecting Patent Infringement and False Markings

Since the original article was published, there have been several important updates related to patent law and procedures. These changes impact patent application fees, access to patent search tools, and feedback on the experimental use exception. The earlier article continues further down the page, providing foundational information on patent infringement due to false markings.

🏷️ Patent Fee Adjustments

Effective January 19, 2025, the U.S. Patent and Trademark Office (USPTO) updated its patent fees. These adjustments aim to enhance operations while providing discounts for small and micro entities.

This means that independent inventors and small businesses may find it more affordable to file and manage their patents.

🔍 Patent Public Search Access

Starting November 7, 2026, users need to sign in with a USPTO account to access the Patent Public Search tool. This change increases security and may help users find relevant patent information more efficiently. Accessing this tool is essential for anyone looking to research existing patents, especially in the context of potential infringement cases.

🧪 Experimental Use Exception Feedback

On June 27, 2024, the USPTO requested public feedback regarding the experimental use exception to patent infringement. This exception allows for certain uses of patented inventions for research and development without infringing. Gathering feedback aims to enhance the balance between protecting inventions and promoting scientific progress.

📄 Patent Application Process

The USPTO offers a step-by-step guide for managing patents. This guide includes details on filing applications, maintaining patents, and seeking assistance. Understanding this process is crucial for anyone involved in patent infringement cases or those considering patenting their inventions.

📌 Key Points to Remember

  • 📅 Patent fees were updated as of January 19, 2025, with discounts available.
  • 🔍 Access to the Patent Public Search tool requires a USPTO account from November 7, 2026.
  • 🧪 Feedback on the experimental use exception was sought in June 2024.
  • 📄 A step-by-step guide for patent management is available through the USPTO.

💡 Tips for Navigating Patent Infringement Issues

It's important to discuss the specifics of your situation with your attorney.

📑 Understand Patent Eligibility

Before pursuing a patent, ensure that your invention meets the eligibility criteria. The USPTO looks for novelty, non-obviousness, and utility in applications. Familiarizing yourself with these criteria can help avoid unnecessary delays.

🔄 Keep Track of Filing Deadlines

While specific deadlines for patent applications weren't detailed, it's essential to stay informed about the timeframe for filing. Missing a deadline can result in losing the opportunity to patent your invention.

📊 Utilize Free Inventor Resources

The USPTO offers resources through the Inventors Assistance Center. These resources can help independent inventors understand the patent process and receive guidance on their applications.

⚖️ Be Aware of Patent Invalidation

In cases of patent infringement, accused parties can argue that a patent is invalid. Understanding this defense can be crucial if facing infringement claims or looking to protect your patent rights.

🔍 Monitor Changes in Patent Fees

Stay updated on any changes to patent fees and discounts for small and micro entities. This information can influence your budget and planning when applying for a patent.

🏆 Patent Services Ranked by User Reviews (2026)

This section highlights services that assist with patent applications and related issues. These services are ranked based on Trustpilot data from October 2026, reflecting user experiences. Ratings can change over time, so consider the scores as one of several factors when evaluating these options.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for providing business formation services, intellectual property services, and legal document preparation. Reviewers appreciate its user-friendly platform, but some mention delays and communication issues that potential users should keep in mind.

🆓 Free Government and Nonprofit Help

The USPTO offers free resources through the Inventors Assistance Center. This support is beneficial for independent inventors looking for guidance on the patent process. Utilizing these resources can help navigate the complexities of patent law without incurring costs.

🔎 What to Compare When Choosing Patent Services

  • 📝 Service offerings and types of support available.
  • 💰 Pricing and discounts for small or micro entities.
  • 📞 Customer support response times and availability.
  • 📊 User reviews and overall satisfaction ratings.
  • 📚 Educational resources and tools for patent management.

❓ Frequently Asked Questions

❔ What is false marking in patents?

False marking occurs when a product is marked with a patent number that is not valid. This can mislead consumers and other businesses regarding the legal protection of the product.

🔒 Are there penalties for false marking?

Yes, penalties can include fines for companies that falsely mark their products. This aims to prevent misleading claims about patent protections.

📅 How can I check if a patent is valid?

You can check the validity of a patent by searching the USPTO's database. This is crucial for determining if a product or process may infringe on an existing patent.

🛡️ What defenses exist against patent infringement claims?

Defendants in patent infringement cases can argue that the patent is invalid or that their actions do not constitute infringement. Understanding these defenses is essential for anyone involved in a patent dispute.

📈 How do I maintain a patent once granted?

Maintaining a patent requires paying maintenance fees and ensuring compliance with any regulatory requirements. Staying informed about these obligations is necessary to keep your patent active.

🚪 Can I appeal a patent decision?

Yes, if a patent application is rejected, applicants can appeal the decision to the Patent Trial and Appeal Board. This process allows for further review of the application.

⚖️ Recent Patent Cases

Recent court rulings have addressed issues related to patent infringement and false markings. These rulings provide insights into how courts interpret patent law and the consequences of infringement.

Readers can browse more rulings on the news page for the latest updates in patent law.

End of October 2026 Update





Patent infringement is not limited to the making, distributing, using or selling of a patented work' patent infringement also includes false marking. False marking can be found in several different forms, but the most common relate directly to the unauthorized use of the word "patent" as a way to deceive the public, and to ultimately gain some sort of monetary benefit through an illicit practice. Under United States patent laws

It is considered unlawful under patent law to use the word "patent" on any product or device that has not been appropriately registered with the United States Patent and Trademark Office and is subject to penalties, such as a maximum fine of five hundred dollars for every offense. 

Furthermore, in cases that a patent infringement lawsuit is filed regarding false marking, the penalty itself is to be distributed to person instating the lawsuit and the United States, for such an offense is not only affecting a patent owner or inventor, but also the U.S. Patent and Trademark Office. Usually, any monetary damages that are granted as a result of a victorious lawsuit of false marking, half of the proceeds will go the person filing the lawsuit, and the other half will go to the United States. 

Patent Infringement Due to False Markings

Even though it may seem as such a simple and deceivingly easy way to unlawfully gain some sort of advantage, false marking is considered a form of patent infringement, as well as a form of piracy and counterfeiting, and will be enforced as allowed by United States law in order to deter its illegal practice.