📅 2026 Update: Changes in Patent Law and Fees

Since the original article on patent law history was published, there have been several important updates that affect how patents are filed and managed in the U.S. These updates include changes in fees, guidance for AI-assisted inventions, and the celebration of significant milestones in the patent process. The earlier article continues further down the page, providing a broader historical context.

📈 Recent Patent Fee Adjustments

Starting January 19, 2025, the USPTO updated its patent fees. This change aims to improve the administration of the U.S. patent system. Applicants should be aware that fees may now differ significantly from those mentioned in earlier articles.

🤖 Revised Guidance on AI-Assisted Inventions

On November 26, 2025, the USPTO issued new guidance regarding inventorship for AI-assisted inventions. This updated guidance states that only natural persons can be named as inventors on patent applications. This is a reversal of the previous guidance from February 2024, which had allowed for AI involvement in naming inventors.

🥳 Celebration of 1 Millionth Patent eGrant

A notable milestone occurred on December 30, 2025, when the USPTO issued its 1 millionth electronic patent grant. This achievement highlights the successful modernization of the patent grant process. It reflects the ongoing efforts to streamline the application and issuance procedures.

🎉 Special Patent eGrant Covers

To commemorate America’s 250th anniversary, the USPTO introduced redesigned eGrant covers on March 17, 2026. These new covers were created through an agency-wide contest. They symbolize a new era in patent documentation and design.

📌 Key Points to Remember

  • 📅 Updated patent fees took effect January 19, 2025.
  • 🤖 Only natural persons can be named as inventors, per the latest guidance.
  • 🥳 The USPTO celebrated its 1 millionth electronic patent grant in December 2025.
  • 🎉 New eGrant covers were introduced for the 250th anniversary of America.

💡 Tips for Navigating Patent Law

Review your individual situation with your attorney to ensure that you understand the implications of patent law as it relates to your inventions.

📝 Understand the New Filing Fees

As of August 14, 2026, filing a utility patent application costs $350 for paper filings. Additional fees apply for search and examination, so it's crucial to factor these into your budget.

⏳ Be Aware of Patent Application Pendency

The time it takes from filing a patent application to its issuance or abandonment varies. This duration is influenced by the type of application and other factors, so keep informed about current processing times.

📅 Responding to Office Actions

When you receive an office action, your response is due within six months. Extensions for replies typically range from two to three months, depending on the type of office action.

🔄 Utilize Express Abandonment Forms

If you need to abandon your application, the USPTO provides specific forms for express abandonment. These can help streamline the process if you want to avoid publication or seek a refund.

🏢 Free Resources for Inventors

The Inventors Assistance Center (IAC) offers free help to independent inventors and small businesses. This includes guidance on patent procedures and fee information, making it a good option for those needing support.

💳 Know Your Payment Options

The USPTO accepts various payment methods, including credit and debit cards, electronic funds transfers, and deposit accounts. Ensure you know these options to avoid delays in your application process.

🏆 Services for Patent Applications Ranked by User Reviews (2026)

This section highlights services that assist with patent applications. These services were ranked based on Trustpilot data checked in October 2026. Ratings can change, and it's important to remember that star scores reflect only one aspect of customer feedback, as unhappy customers tend to leave more reviews.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. It is known for offering online legal services, including patent application assistance. Reviewers often mention the ease of use, but some have noted issues with delays and communication.

🆓 Free Government Assistance

The USPTO provides free resources for inventors, including the Inventors Assistance Center (IAC). This center offers guidance on patent applications, eligibility, and maintenance. These resources can be invaluable for independent inventors and small businesses.

🔎 Comparing Patent Services

  • ⭐️ Check Trustpilot scores and reviews.
  • 📅 Look at the range of services offered.
  • 🔄 Consider response times and customer support.
  • 💵 Review fee structures and payment options.

❓ Frequently Asked Questions

❓ What are the current fees for filing a patent?

The basic filing fee for a utility patent application is $350 for paper filings. Additional fees apply for search and examination.

⏳ How long does the patent application process take?

The total time from filing to issuance or abandonment varies based on the type of application and other factors. Checking the USPTO's website for current processing times is recommended.

📝 What should I do if I receive an office action?

You must respond to an office action within six months. Extensions can be granted for an additional two or three months, depending on the office action type.

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

No, the latest guidance states that only natural persons can be named as inventors on patent applications. This rule applies regardless of AI involvement.

📅 What are maintenance fees for patents?

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

💳 How can I pay the USPTO fees?

The USPTO accepts payments via credit card, debit card, electronic funds transfer, and deposit account. Checks and money orders should be made payable to the Director of the United States Patent and Trademark Office.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have implications for patent law, especially regarding inventorship and application processes. These rulings help shape the understanding and enforcement of current patent laws and practices.

For more detailed information, you can check more rulings on the news page.

End of October 2026 Update







Patent law is a branch of the legal system that focuses on the regulation, enforcement, and jurisprudence of patent rights.  In the United States, the staple behind patent law is how it enforces patent rights which consists of granting inventors or patent holders the exclusive right to prevent others from creating, using, selling, or importing their patented inventions or ideas.  It is important to note that that patent rights do not give inventors the right to create and use an invention, but simply to prevent others from doing so. 



History of Patent Law



Patent law, as it exists today, can be said to be traced back to 15th century Venice, where the first patent law was created and enforced, preventing others from using the inventions of inventors without proper permission or authority.  

Important Facts About Patent Law History


In the United States, patent law would be entered into legislation by the First Congress in 1790 with the Patent Act. The Patent Act of 1790 would have its principles based on those established in Venice in 1474, though applying in a more modernized or contemporary way. The first patent in the United States would be granted in the same year, on July 31st, to Samuel Hopkins and his creation of a new method to make potash. 



On the international level, the key body of legislation would come in the form of the Paris Convention for the Protection of Industrial Property, which was signed in 1883. The overall purpose of the Paris Convention was to create and established a more uniform set of codes and laws regarding the recognition of patent rights on an international scale. 



United States Patent Law



In the United States, the current body of legislation that governs all aspects of patents in the country are contained in Title 35 of The United States Code.  Title 35 would also create and implement the United States Patent and Trademark Office, the sole and exclusive governmental entity in charge of registering and granting patents, as well as administering and enforcing applicable laws in regards to patents.  Title 35 is divided into four parts:



1. Part I – United States Patent and Trademark Office



2. Part II – Patentability of Inventions and Grant of Patents



3. Part III – Patents and Protection of Patent Rights



4. Part IV – Patent Cooperation Treaty



Important aspects regarding patents are covered in Title 35, with one of the most important being the guidelines for patentability. Generally speaking, United States patent law sets forth three criteria that must be met in order for a particular invention to qualify for a patent grant:



1. Invention must be considered to be new, useful, and not obvious to those with knowledge in the related subject area or field.



o New:  Meaning that the invention has not previously been created or registered with the United States Patent and Trademark Office.



o  Useful:  The invention must have a particular benefit or be of legitimate value so as to be used for a particular purpose.



o  Obvious:  This particular aspect of the criteria will prove to be among the most debated, for whether a particular invention is obvious may be up to interpretation and subjectivity.



Contact patent lawyers to review your case.