📅 2026 Update: Changes in Patent Infringement Landscape

Since the original article on patent infringement, several important changes have taken place. The U.S. Patent and Trademark Office (USPTO) has updated its fees and introduced new access requirements for the Patent Public Search tool.

The landscape of patent law continues to evolve, which is crucial for anyone interested in protecting their inventions.

The earlier article continues further down the page, providing foundational knowledge on patent infringement. Below are key updates that impact this topic.

💰 Patent Fee Adjustments

As of January 19, 2025, the USPTO updated its patent fees. This change aims to support efficient operations. Small and micro entities now benefit from discounts, which can make applying for patents more affordable.

🔍 Patent Public Search Access

Starting November 7, 2026, users must sign in with a USPTO account to access the Patent Public Search tool. This change may streamline the process for users but also requires them to create an account for access.

🧪 Experimental Use Exception Feedback

On June 27, 2024, the USPTO requested public feedback on the experimental use exception related to patent infringement. This effort aims to encourage scientific and technological advancements by clarifying how this exception is applied.

🛠️ Inventors Assistance Center Resources

The USPTO provides resources for independent inventors through its Inventors Assistance Center. This includes free resources available in various states, helping inventors understand patent processes and navigate potential infringement issues.

📌 Key Takeaways

  • Updated Fees: New patent fee schedule effective January 2025.
  • Account Requirement: USPTO account needed for Patent Public Search from November 2026.
  • Feedback Solicitation: USPTO seeking input on experimental use exception in 2024.
  • Support for Inventors: Resources available through the Inventors Assistance Center.

💡 Tips for Protecting Your Invention

Review the details of your situation with your attorney.

📄 Understand Patent Eligibility

Make sure your invention meets the criteria for patent eligibility. This includes novelty, non-obviousness, and utility. Knowing these can help you avoid issues that might lead to infringement.

⏰ Know Application Deadlines

Stay informed about the deadlines for patent applications. Missing a deadline could impact your ability to protect your invention.

📝 Utilize USPTO Resources

Take advantage of the USPTO’s step-by-step guide for filing applications. This resource helps you manage your patents effectively.

🛡️ Consider Patent Invalidation Defense

If accused of infringement, be aware that a common defense is arguing the patent's invalidity. This can be a crucial part of your strategy in infringement cases.

🆓 Explore Free Assistance

Look into the resources provided by the Inventors Assistance Center. This can be beneficial for independent inventors seeking guidance on patent processes.

🏆 Services Ranked by User Reviews (2026)

The services listed below offer support for various aspects of patent law, including application preparation and intellectual property services. Their rankings are based on Trustpilot data as of October 2026, and scores can change. Keep in mind that star ratings are just one indicator, as unhappy customers tend to leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 stars on Trustpilot. This service is known for its business formation and intellectual property services, including legal document preparation. However, some customers report experiencing delays and communication issues, which may affect their overall satisfaction.

🆓 Free Government Resources for Inventors

The USPTO offers free resources through the Inventors Assistance Center. These resources are available in various states and aim to help independent inventors navigate the complexities of patent processes without incurring costs.

🔍 What to Compare When Choosing Services

  • 👍 User Ratings: Look at the Trustpilot scores and number of reviews.
  • 👥 Service Offerings: Check what specific services are available for patent applications.
  • 💬 Customer Feedback: Review comments for insights on user experiences.
  • 🕒 Response Times: Consider reports on how quickly services respond to inquiries.
  • 💵 Cost Structures: Understand the pricing and any discounts for small entities.

❓ Frequently Asked Questions

❓ What is patent infringement?

Patent infringement occurs when someone makes, uses, sells, or imports a patented invention without permission. This can happen even if the person did not know about the patent.

💼 Can I defend against patent infringement claims?

Yes, one common defense is to argue that the patent in question is invalid. This means showing that the patent does not meet the required criteria during its examination.

📅 How long does the patent application process take?

Specific processing times for patent examinations are not detailed in the sources. However, the duration can vary based on several factors, including the complexity of the invention.

🔍 What are the eligibility criteria for a patent?

A patent must meet three main criteria: novelty, non-obviousness, and utility. These ensure that the invention is new and serves a specific purpose.

📞 Where can I find free assistance for inventors?

The USPTO provides free resources through the Inventors Assistance Center. This center offers guidance and support for independent inventors across various states.

⚖️ What happens if I infringe on a patent?

If you infringe on a patent, the patent owner may sue you in federal court. They can seek to stop the infringement and request financial damages.

⚖️ Recent Cases Related to Patent Infringement

Recent court rulings highlight ongoing issues in patent law, particularly concerning infringement cases. These rulings can set important precedents and influence future interpretations of patent rights.

For more recent rulings, check the news section.

End of October 2026 Update





Patent Infringement Defined:

Patent infringement refers to the commission of a prohibited act with respect to a patented invention without the expressed permission from the holder of the patent. In essence, patent infringement refers to the use, selling, marketing or tampering with an invention that has previously been patented by the assumed creator or group associated with the invention. 

Permission in this regard, will typically be granted in the form of a license. As a result, the definition of a patent infringement may vary by jurisdiction or country, but in the most general of senses, patent infringement will typically include using or selling the underlying patented invention. 

The scope, meaning the specifications attached to the underlying patent, is typically outlined and defined in the claims of the granted patent. In other words, the terms of the claims issued to inform the public of what is not allowed without the expressed permission of the patent holder. 

Elements of Patent Infringement


All patents are territorial in nature; as a result, patent infringement is only allowable or even possible in a location where a patent is in force. For instance, if a patent is filed in the United States of American, then all citizens of the United States is effectively prohibited from using, making, selling or importing the underlying patented item. 

That being said, people in other countries are free to make the patented item in their respective territory or country. Furthermore, the scope of the patent will vary from country to country, due to the fact that all patents are examined by the patent office in each country or region and therefore may have some difference of patentability. 

Elements of Patent Infringement:



When a party imports, sells, uses, manufacturers or offers for the sale of patented technology, during the life of a patent and within the country that the patent was issued, the individual will be considered guilty of patent infringement. Although the test for patent infringement will vary based on location, in general, patent infringement will require that the infringing party’s product falls within a claim of the patent. 

As a result of this definition, the use, selling, manufacturing or importing of the patent item must fall in line with the specific patent’s claim to be considered patent infringement.

When a party is accused of patent infringement, the accused party may general assert one or more of the following arguments:

The party was not practicing the patented invention

The party was not performing any infringing act in the territory covered by the patent

The patent was expired when the party was using the invention

The patent is invalid because the invention in question does not meet the patentability issues attached to the patent or the patent includes a formal defect, rendering the patent invalid or unenforceable 

The party obtained a license under the patent or the patent holder is infringing patent right belonging to the accused infringing party and the using party may resolve the dispute in settlement.