📅 2026 Update: Key Changes in US Patent Law

Since the original article was published, there have been several important updates regarding US patent law that affect inventors and applicants. The United States Patent and Trademark Office (USPTO) has revised policies and fees to better address new technologies and ensure patent examination quality. The earlier article continues further down the page, providing foundational information on patent protection.

🤖 Revised 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 applies even when artificial intelligence assists in the inventive process. This change is significant as it defines how patents involving AI can be filed.

💵 Patent Fee Adjustments

Effective January 19, 2025, the USPTO updated various patent fees. The goal is to enhance the quality of patent examinations and support operational costs. This means applicants should prepare for potentially higher costs when applying and maintaining patents.

📄 Adoption of WIPO Standard ST.26

Starting July 1, 2024, the USPTO aligned its regulations with WIPO Standard ST.26. This requires patent applications containing nucleotide or amino acid sequences to be submitted in XML format. This update aims to streamline the submission process for biotechnological inventions.

⏰ Patent Examination Timeline

The USPTO now aims to complete the examination of utility patent applications within 24 months from the filing date. This is a change from previous timelines, striving to improve efficiency in handling applications.

📌 Summary of Key Changes

  • 🤖 Only natural persons can be named as inventors on patents involving AI.
  • 💵 Patent fees have been adjusted to improve examination quality.
  • 📄 Applications with nucleotide sequences must use XML format.
  • ⏰ Utility patent examination is aimed to be completed in 24 months.
  • 📅 New rules support innovation and clarify patent processes.

💡 Tips for Navigating Patent Protection

Each inventor should consider discussing their unique situation with an attorney.

✍️ Understand Subject Matter Eligibility

Inventions must be novel, non-obvious, and useful to qualify for patent protection. Familiarize yourself with these criteria to ensure your invention meets them.

📅 File Applications Promptly

Utility patent applications must be filed within one year of the first public disclosure of the invention. Failing to meet this deadline may jeopardize foreign filing rights.

💡 Explore Micro Entity Status

Applicants with limited income and few prior patent applications may qualify for micro entity status. This status provides an 80% fee reduction on most USPTO fees, making the process more affordable.

📄 Utilize Electronic Filing

The USPTO encourages the use of the Patent Center for electronic filing. This method streamlines the submission of applications and related documents, making the process more efficient.

⏳ Keep Track of Maintenance Fees

Maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. Be sure to plan for these payments to keep your patent in force.

🏆 Free Options Ranked by User Reviews (2026)

No paid services in this area met the review threshold for this topic. Instead, this section highlights free government and nonprofit resources available to help with patent protection.

🥇 1. USPTO Resources

The USPTO offers a variety of free resources, including guides and webinars. These resources are designed to assist inventors and applicants throughout the patent process.

🥈 2. Small Business Administration (SBA)

The SBA provides resources and counseling to help small businesses navigate the patent process. This includes assistance with understanding patent law and preparing applications.

🥉 3. Patent Center

The Patent Center is an online platform provided by the USPTO. It allows users to electronically file applications and track the status of their submissions, simplifying the process.

4️⃣ Inventors Assistance Program

This program connects inventors with volunteers who can provide guidance on patent applications. It is aimed at those who may not have access to legal assistance.

🔎 Important Considerations Before Paying for Help

  • 💰 Verify fees and services offered.
  • 📄 Check the credentials of anyone providing assistance.
  • 🔍 Look for free resources before spending.
  • 🕵️‍♂️ Ensure clarity on what services are included.

❓ Frequently Asked Questions

🤔 What are the recent updates to patent fees?

The USPTO updated patent fees on January 19, 2025, to improve examination quality. These changes affect both application filing and maintenance fees.

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

The USPTO aims to complete the examination of utility patent applications within 24 months from the filing date. This timeframe is intended to improve overall efficiency.

📅 When should I file my patent application?

You must file your utility patent application within one year of the first public disclosure of your invention. This is crucial to maintain foreign filing rights.

💡 What is micro entity status?

Micro entity status is available for applicants with limited income and few prior applications. It offers an 80% fee reduction on most USPTO fees, helping to reduce costs.

📄 How do I handle maintenance fees?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after grant. It’s important to plan for these payments and be aware of the six-month grace period for late payments.

🤖 Can AI be an inventor on a patent?

According to revised guidance from the USPTO, only natural persons can be named as inventors on patent applications. This applies even if AI systems assist in the invention process.

⚖️ Recent Cases Related to Patent Protection

Recent court rulings highlight the evolving landscape of patent protection, particularly concerning the eligibility of inventions and the role of AI in the patenting process.

For more recent rulings, feel free to browse more rulings on the news page.

End of October 2026 Update





Patent protection is vital to the economic growth and technological advancement of the United States. People who think of new ideas and are capable of creating new inventions deserve to receive credit for their work and that credit includes monetary values. When a new invention is created, the inventor deserves to have the exclusive rights of ownership belonging to that item. 

Exclusive rights give a patent owner the right to be the only person profiting off of a patent for a set period of time. When a licensor grants a licensee the right to be the only party creating an invention, it is up to the inventor to take advantage of the situation because their exclusive ownership will not last forever. Anyone or group that infringes on a patented item is committing patent infringement.

Why Patent?

Obtaining a patent from the USPTO is the best way to protect intellectual property from anyone looking to infringe on an original idea or invention. If someone invents a new product but does not patent it, that item is not patent protected. If someone steals that item and manages to get the item patent protected with the USPTO, they will receive credit for inventing the item and have the full protection and rights afforded for the USPTO. 

A Brief Overview of Patent Protection

The owner of a patent is entitled to the production, marketing and sales of that patent. One does not want to lose out on the rewards of inventing a useful item because they failed to receive a patent. Those who suffer from patent infringement are able to receive monetary reward if they successfully patented their product prior to the infringement.

Exclusive Licenses



Exclusive licenses give lincensees full legal protection from patent infringement. They are the sole owners of a patent and have the right to sell and profit off the patent. The lincensor may require the exclusive lincensee to meet specific annual royalty minimum quotas. Failure to meet the commercial demands of a patent could result in losing the license or being demoted to a non-exclusive license.



Non-exclusive Licenses



These licenses are not protected by the USPTO in infringement cases unless otherwise noted. Licensors that offer non-exclusive licenses to patent owners do not trust the lincensee to meet the commercial expectations of the licensor so the licensor grants non-exclusive licenses to multiple people. Most owners of non-exclusive licenses would prefer to be exclusive license owners.