📅 2026 Update: Changes in Patent Law and Procedures

Since the original article was written, there have been important updates related to patent law that affect inventors and applicants. Key changes include new guidelines on inventorship, adjustments to patent fees, and updated eligibility rules for inventions. These updates are significant to understand as they shape the patent application process.

The earlier article continues further down the page, providing foundational information on what "patent pending" means.

🤖 Revised Inventorship Guidance

On November 26, 2025, the USPTO released updated guidance stating that only natural persons can be named as inventors on patent applications. This means that even if an AI system assists in the invention, it cannot be listed as an inventor. This clarification is crucial for anyone using AI in their invention process.

💰 Patent Fee Adjustments

Starting January 19, 2025, the USPTO implemented updated patent fees to support the U.S. patent system. The basic filing fee for a utility patent is now $350 for paper filings and $70 for electronic filings by small entities. Additionally, a non-electronic filing fee of $400 applies to certain applications.

📜 Subject Matter Eligibility Update

On July 16, 2024, the USPTO updated its guidance on subject matter eligibility. This includes specific examples related to AI inventions under 35 U.S.C. § 101. This update helps clarify what types of inventions can be patented, addressing the growing field of artificial intelligence.

⏳ Processing Times

The USPTO is focusing on reducing the time it takes to process patent applications. While exact processing times can vary, the goal is to improve efficiency and reduce delays in patent examination. This is particularly relevant for inventors eager to secure their patents.

📌 Key Takeaways

  • 🤖 Only natural persons can be named as inventors.
  • 💰 Basic filing fees have been updated for utility patents.
  • 📜 Subject matter eligibility rules now include AI-related inventions.
  • ⏳ USPTO is working to reduce patent processing times.

💡 Tips for Navigating the Patent Process

Review the details of your situation with your attorney.

🔍 Understand the Updated Fees

Stay informed about the updated patent fees to avoid unexpected costs. Knowing the filing and maintenance fees can help you budget for the patent application process.

🖥️ Use the USPTO's Electronic Filing System

The USPTO's Patent Center is the main platform for electronic filings. Utilizing this system can streamline your application process and provide easier management of your patent documents.

📅 Keep Track of Maintenance Fees

Maintenance fees are due at 3.5, 7.5, and 11.5 years after your patent grant. Mark these dates to ensure your patent remains active and enforceable.

📜 Take Advantage of USPTO Resources

The USPTO offers guides and tutorials to help inventors understand the patent process. These resources can be valuable in navigating the complexities of patent applications.

🤝 Explore Pro Bono Programs

Independent inventors and small businesses may qualify for pro bono legal assistance through nonprofit organizations. This can help reduce costs associated with obtaining a patent.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service met the review threshold for this section. Instead, here are free government and nonprofit resources that can assist you in the patent process.

🥇 1. USPTO Resources

The USPTO provides various resources, including guides and tutorials. These are designed to help inventors understand the patent process and navigate applications effectively.

🥈 2. Pro Bono Programs

The USPTO collaborates with nonprofit organizations to offer pro bono legal assistance. This program helps independent inventors and small businesses access legal help without the burden of high costs.

🥉 3. Patent Maintenance Fee Storefront

The Patent Maintenance Fee Storefront by the USPTO is a user-friendly platform. It allows patent holders to look up information about maintenance fees and make payments online.

4️⃣ Patent Center

The USPTO's Patent Center is crucial for filing and managing patent applications electronically. This platform simplifies the application process and keeps all documents organized.

🔎 Things to Check Before Paying for Help

  • 🔍 Verify the legitimacy of the service.
  • 📜 Look for reviews from other users.
  • 💬 Check what services are included.
  • 💰 Compare costs with available free resources.

❓ Frequently Asked Questions

❔ What is "patent pending"?

"Patent pending" means that a patent application has been filed but not yet granted. This status can provide some protection against infringement while the application is being processed.

📈 What are the current maintenance fees for patents?

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

📄 How can I file my patent application electronically?

The USPTO's Patent Center is the primary platform for electronic filing. Users can create an account and follow the steps to submit their application online.

🔍 What should I do if my patent application is rejected?

If your application is rejected, you can file an appeal or submit a request for reconsideration. Review the rejection reasons and consider seeking additional guidance.

📅 How long does it take to process a patent application?

Processing times for patent applications vary based on complexity and examiner workload. The USPTO is working to reduce these times, aiming for quicker approvals.

🔗 Are there resources for understanding the patent process?

Yes, the USPTO offers guides, tutorials, and other resources to help inventors understand the patent process and requirements.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have examined important aspects of patent law, including eligibility and inventorship. These rulings can shape how patents are processed and enforced in the future.

For more recent rulings, visit the news section.

End of October 2026 Update





The term “patent pending” is often used on certain products by inventors that have begun the application process in regards to securing patent protection and have submitted the application for review to the United States Patent and Trademark Office.  

The granting of a patent by the USPTO is known to be quite a lengthy procedure, often times taking up to three years to issue the patent. During such time, the owners of the invention or the patent holders will often affix the words “patent pending” on their invention or product in order to give notice to others that the patent application process is underway. 

Conditions to Use Patenting Pending

In the United States, there are certain requirements imposed by applicable patent laws in regards to the correct usage of “patent pending” notices on inventions or products. The most important requirement would prove to be obvious, which is to formally have an actual patent application filed with the USPTO. 

What Does Patent Pending Mean?

The type of application in regards to the patent may not matter for the use of the patent pending notice, though it is normally associated with the provisional patent application. The provisional patent application will not commence the formal investigation process until after a year from the date of the application. 

Furthermore, no claims are necessary to be included in the application. This allows for the inventor to make the proper adjustments to the invention in order to be within the constraints of patentability. 

In the case that the patent pending statement is used on an invention or product, it is conditional upon having to file for a standard, non-provisional patent within 12 months from the date the application was filed. 

In order to legally use the patent pending mark, the application for registration must have already been started and can only be affixed by the creator or owner of the invention. The patent pending mark is to be temporarily used until a formal and official patent number is given upon granting patent rights. 

Using the patent pending mark on a product or invention that has not undergone the necessary application procedures is considered to be a federal crime in accordance to United States patent laws and statutes.  Violating such imposed regulations can result in heavy fines and possibly even imprisonment. 



Extent of Protection with Patent Pending

 It is crucial for inventors and potential patent holders to be aware of the fact that a patent pending notice does not offer the same protection as a patent that is appropriately registered. A patent pending mark does not exclude others from making and selling similar inventions or products. However, it does give notice that the particular invention or product may become the sole and exclusive property of the patent owner within a matter of time. 

Patent pending does not guarantee that the actual invention or product will be granted patent protection. It is not uncommon for many inventions to be denied patent rights or require that the inventor make amendments and modifications are re-submit an application for approval.