📅 2026 Update: Changes in Patent Law Affecting March In Rights

Since the original article was published, there have been significant updates in patent law that impact how inventors and applicants navigate their rights. The U.S. Patent and Trademark Office (USPTO) has made changes that clarify inventorship, update fees, and adapt to new technologies.

These changes are important for understanding March In Rights and other aspects of patent law.

The earlier article continues further down the page. Below are the key updates since then.

🤖 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 change affects how inventions that involve AI systems are treated. Even if an AI contributes to the invention, a human must still be identified as the inventor.

💰 Patent Fee Adjustments

As of January 19, 2025, the USPTO adjusted its patent fees to improve the quality of patent examinations. The basic filing fee for a utility patent application is now $350 for standard applicants. There are reduced fees available for small and micro entities, which is important for individual inventors and startups.

📄 Adoption of WIPO Standard ST.26

On July 1, 2024, the USPTO aligned its regulations with the WIPO Standard ST.26. This means that patent applications containing nucleotide or amino acid sequences must now be submitted in XML format. This update helps streamline the application process for biological inventions.

📅 Patent Examination Timeframes

The USPTO aims to complete the examination of utility patent applications within 24 months from the filing date. This timeline provides inventors with a clearer expectation of how long the examination process will take.

📌 Key Updates Summary

  • 🤖 Only natural persons can be inventors, even with AI assistance.
  • 💰 Basic filing fee for utility patents is now $350.
  • 📄 Applications with biological sequences must use XML format.
  • 📅 Utility patent examinations are targeted for completion in 24 months.

💡 Tips for Navigating Patent Rights

Consider discussing the specifics of your situation with your attorney. Understanding the details of your patent can be complex.

📬 Keep Up with Fees

Stay aware of the updated patent fees. The basic filing fee for utility patents is now $350, with lower fees for small and micro entities. Make sure to budget accordingly.

⏳ Meet Filing Deadlines

Utility patent applications must be filed within one year of the first public disclosure of your invention. Missing this deadline can result in losing foreign filing rights.

📅 Use Electronic Filing

The USPTO encourages electronic filing through its Patent Center. This process simplifies the submission of applications and helps ensure that all documents are filed correctly.

🔍 Check Eligibility

Before applying, ensure your invention is novel, non-obvious, and useful. These criteria are essential for patent protection and should guide your application process.

📞 Utilize USPTO Resources

The USPTO offers free resources, including guides and webinars. These tools can help you better understand the patent process and assist you as you navigate your application.

🏆 Free Options Ranked by User Reviews (2026)

In the area of patent law, no national paid services met the review threshold for this topic. This section highlights free government and nonprofit resources available to assist inventors and applicants.

🥇 1. USPTO Resources

The USPTO provides a variety of free resources. These include guides, webinars, and a contact center to help inventors understand the patent process. Their materials cover everything from application procedures to compliance with patent laws.

🥈 2. Small Business Administration (SBA)

The SBA offers resources and counseling services tailored for small businesses. They help navigate the patent process and provide insights into maintaining and protecting intellectual property. Their support is particularly beneficial for startups and entrepreneurs.

🥉 3. Inventor Assistance Program

This program connects inventors with patent professionals willing to help for free or at a reduced cost. It's designed to assist those who may not have the means to afford legal representation but still want to pursue their inventions.

4️⃣ Local Patent Offices

Many local patent offices provide educational resources and workshops. These offices often offer assistance in understanding patent filings and can guide inventors through the application process.

🔎 What to Check Before Paying for Help

  • 🏷️ Verify the credentials of any service provider.
  • 📅 Confirm their track record with patent applications.
  • 💬 Look for user reviews and experiences.
  • 🔍 Ensure they provide clear information on fees.

❓ Frequently Asked Questions

❓ What is the current filing fee for a utility patent application?

The basic filing fee for a utility patent application is $350 for standard applicants, with reduced fees for small and micro entities.

🕒 How long does it take for a patent to be examined?

The USPTO aims to complete the examination of utility patent applications within 24 months from the filing date, giving inventors a clearer timeline.

📑 What happens if I miss the one-year filing deadline?

If you miss the one-year deadline following the public disclosure of your invention, you may lose your foreign filing rights, limiting your ability to protect your invention internationally.

🌐 What is the WIPO Standard ST.26?

The WIPO Standard ST.26 requires patent applications that include nucleotide and/or amino acid sequences to be submitted in XML format. This aligns U.S. practices with international standards.

⚖️ How can I qualify as a micro entity?

To qualify as a micro entity, applicants must have limited income and a history of few or no prior patent applications. This status offers an 80% fee reduction on most USPTO fees.

🛠️ What resources does the USPTO provide for inventors?

The USPTO offers free guides, webinars, and a contact center. These resources help inventors understand the patent process and are valuable for navigating applications.

⚖️ Recent Cases Related to Patent Rights

Recent court rulings highlight how patent rights, including March In Rights, are evolving. These rulings provide insight into how courts interpret patent laws and their implications for inventors.

Explore more recent rulings in the news section.

End of October 2026 Update





March-in rights give the federal government the right to grant other entities licenses or give a license to themselves if they aided the owner of a patent with funding. They will not use their march-in rights unless there is a threat to public safety that the owner of the patent is not equipped to handle. The government is allowed to grant a patent license to the owners own competitors if the government feel it is necessary to do so. 

Aside from public safety issues, the government can grant licenses to patents they helped fund if the small business or non-profit they helped fund has not taken practical steps required to carry out the patent. If the patent is not suitable for public use after having received funding from the government, the government can take away the exclusive rights belonging to the patent holder.

An individual who is looking to patent an item but does not want to deal with the possibility of march-in rights has to be sure of a few things in order to avoid being subject to march-in rights. An inventor should consider if their patent could somehow be used to counter a bio-terrorism threat.

What Can the Federal Government Do with March In Rights

 If the government is likely to use a patent to combat some type of terrorism, an inventor may want to reconsider patenting an item that the government may apply their march-in rights to. Inventors should also consider if their patent could be used to make terrorist threats even if they do not plan to do so.

Avoiding the use of government funding is also a good way to avoid march-in rights. A potential patent holder could seek funding from another source or find another organization to grant licensing to in order to avoid march-in rights.


If government funding is used and there is a chance march-in rights will be applied, an argument against march-in rights should be thought out before the time comes. If march-in rights are used by the government they are required to pay royalties to the patent holder. This is a form a patent protection that not even the federal government can just take away.

The likelihood of march-in rights being exercised by the government is small. March-in rights, to this date, have never been used by the government. However, with technology and terrorism on the rise, the chances that patents could either prevent a terrorist attack or aid one are increasing. 

Since the government has established march-in rights they likely intend to use them one day. It is difficult to argue against the government's right to use march-in rights since the main idea behind them is public health and safety.