📅 2026 Update: Recent Changes in US Patent Law

Since the original article was published, several significant updates have occurred in US patent law. These changes impact how inventors approach the patent process, especially with the rise of artificial intelligence in innovation. The earlier article continues further down the page to provide foundational knowledge on patent law.

🤖 Revised Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This means that even if an AI system contributes to the invention, it cannot be listed as an inventor. This guidance affects how inventors approach patent applications when AI is involved.

💵 Patent Fee Adjustments

Starting January 19, 2025, the USPTO updated its patent fees. These adjustments aim to support the efficient administration of the U.S. patent system. For instance, the basic filing fee for a utility patent is now $350 for paper filings and $70 for electronic filings by small entities.

🧬 Adoption of WIPO Standard ST.26

As of July 1, 2024, the USPTO requires sequence listings in XML format for patent applications that include nucleotide and/or amino acid sequences. This change aligns with the WIPO Standard ST.26 and helps streamline the submission process for biological inventions.

📄 Subject Matter Eligibility Guidance Update

The USPTO issued updated guidance on subject matter eligibility on July 16, 2024. This includes examples related to artificial intelligence inventions to help determine eligibility under 35 U.S.C. § 101. These updates are crucial for applicants in the tech and AI sectors.

📊 Clarity in Means-Plus-Function and Step-Plus-Function Claims

On March 18, 2024, the USPTO reminded examiners to provide clear analyses for means-plus-function and step-plus-function claims. This aims to enhance the clarity of patent records and makes it easier for inventors to understand how their claims will be assessed.

📌 Key Changes in Patent Law

  • 🤖 Only natural persons can be inventors, even with AI assistance.
  • 💵 Updated fees for patent applications support better system management.
  • 🧬 Sequence listings must be submitted in XML format for certain applications.
  • 📄 New guidance helps clarify eligibility for AI-related inventions.
  • 📊 Clearer analyses for means-plus-function claims improve record clarity.

💡 Tips for Navigating US Patent Law

Consider discussing the specifics of your situation with an attorney. They can guide you through the complexities of patent law.

📝 Understand the Filing Fees

Be aware of the current patent filing fees. For small entities, the basic filing fee for a utility patent is $70 for electronic submissions. Knowing these costs upfront can help you budget your patent application process effectively.

📅 Keep Track of Maintenance Fees

Maintenance fees are essential to keep utility patents in force. They are due at 3.5, 7.5, and 11.5 years after the patent grant. Mark these dates on your calendar to avoid unintentional lapses in patent protection.

📚 Use the USPTO's Resources

The USPTO offers various resources to help inventors understand the patent process. These include guides and tutorials that can help demystify the steps required to file and manage a patent application.

🔍 Familiarize Yourself with eGrants

Since April 18, 2023, the USPTO has issued electronic patent grants. This allows you to view and print your complete issued patent online immediately after it is granted. Familiarize yourself with the Patent Center to streamline your experience.

⚖️ Explore Pro Bono Programs

If you are an independent inventor or part of a small business, consider the USPTO’s collaborations with nonprofit organizations. These pro bono programs can provide valuable legal assistance, making the patent process more accessible.

📄 Stay Updated on Changes

Patent laws and regulations are subject to change. Regularly check the USPTO's website for updates on policies, including subject matter eligibility and filing procedures. Staying informed will help you navigate the patent process more effectively.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in this area met the review threshold. Instead, this section highlights free government and nonprofit resources that can assist inventors.

🥇 1. USPTO Resources

The USPTO provides a wealth of resources for inventors. These include guides, tutorials, and detailed explanations of the patent process. These materials are designed to help you navigate the complexities of patent law without incurring costs.

🥈 2. Pro Bono Programs

The USPTO partners with nonprofit organizations to offer pro bono legal assistance. This service is aimed at independent inventors and small businesses that may not have the means to hire legal counsel. It provides an opportunity for individuals to get help with patent applications and related legal matters.

🥉 3. Patent Maintenance Fee Storefront

The USPTO’s Patent Maintenance Fee Storefront allows you to look up and pay maintenance fees online. This resource simplifies the process of keeping your patents active and ensuring compliance with maintenance deadlines.

4️⃣ Electronic Filing System

The USPTO's Patent Center serves as the primary platform for filing and managing patent applications electronically. It offers a user-friendly interface for applicants, making it easier to submit applications and track their status.

5️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP provides detailed guidance on patent examination procedures. It is regularly updated to reflect current practices and laws, ensuring that inventors have access to the latest information regarding patent examinations.

🔎 What to Check Before Paying for Help

  • 💰 Confirm any fees associated with services.
  • 📅 Verify deadlines for applications and maintenance fees.
  • 📚 Review available resources from the USPTO.
  • 🧑‍⚖️ Understand the qualifications of any legal assistance.
  • 🔎 Research user reviews for any services considered.

❓ Frequently Asked Questions

🤔 What is the basic filing fee for a utility patent?

The basic filing fee for a utility patent application is $350 for paper filings and $70 for electronic filings by small entities.

📅 When are maintenance fees due for utility patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant to keep utility patents in force.

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

No, only natural persons can be named as inventors on patent applications, even if AI systems assist in the inventive process.

📄 Where can I find resources for understanding patent law?

The USPTO offers various resources, including guides and tutorials, to assist inventors in understanding the patent process.

📝 How can I pay maintenance fees for my patents?

You can pay maintenance fees through the USPTO's Patent Maintenance Fee Storefront, which allows you to look up and pay for one or many patents online.

🔍 What are means-plus-function claims?

Means-plus-function claims are a type of claim in a patent that describes an invention based on its function rather than its structure. The USPTO has emphasized the need for clarity in analyzing these claims to enhance patent records.

⚖️ Recent Court Cases Related to Patent Law

Recent court rulings continue to impact patent law, particularly concerning eligibility and inventorship. These decisions reflect the evolving landscape of how patents are granted and enforced.

For more insights, consider browsing more rulings on the news page.

End of October 2026 Update







What is Patent Law?



A patent does not refer to a right to practice or use an invention, but rather, the right to exclude others from using, selling, making, offering for sale, or importing the patented invention. Once patented, the underlying invention will be protected from use, sale, production, or importing for the term of the patent, which is typically 20 years from the filing date. 



In effect, a patent is a limited property right offered by a government body to investors in exchange for the agreement to share the details of the inventor’s creation to the general public. Similar to other forms of property rights, a patent may be sold, mortgaged, assigned, transferred, licensed, given away or abandoned.

Know the Facts on Patent Law


The rights conveyed by a typical patent, will vary by country and jurisdiction according to the specific law found in the geographic area. For instance, in the United States of America, a patent will cover research, except efforts made in a purely philosophical inquiry. A United States patent will be infringed upon, according to United States patent law, by any replication of the invention, even if the effort goes toward the development of a new invention.



Characteristics of Patent Law:



All patents, according to patent law, are forms of exclusionary rights; this however, does not give the holder of the patent the justified right to exploit the patent. For instance, the majority of inventions are improvements of prior inventions that may be covered by an existing patent. 



As a result, if an inventor takes an existing, patented invention, subsequently adds a new feature to improve the invention, and obtains a patent to claim the improvement, the inventor can only legally build his or her improved invention assuming the original patent for the invention is still valid. Now that being said, the owner of the improved invention can exclude the original patent owner from using the improvement. 



The grant and enforcement of a patent will be governed by national laws and international treaties, where those agreements have been given effect in national patent law. As a result of these characteristics, patent law is territorial in nature. 



In most instances, a country will form a patent office with responsibility in regards to operating that nation’s patent system, within alignment with its relevant patent laws. The particular patent office will typically have responsibility for the grant of patents; infringement issues are cases heard by the national court system. 



In most nations, both individuals and corporate entities may apply for a patent; however, in the United States, only the inventor of the underlying creation may apply for a patent. 



The inventors, according to United States patent law, become the proprietors of the patent when the document is granted. If a patent is granted to more than one individual, the laws of the underlying country and any applicable agreements between the proprietors may affect the extent to which each individual involved can exploit the patent. Contact patent lawyers to review your case.