📅 2026 Update: Changes in Patent Examination Processes

Since the original article on accelerated patent examination was written, there have been several important updates. Key changes include a reduction in certain Patent Cooperation Treaty (PCT) fees and improvements in the processing of patent publications. The details below highlight these changes and their relevance to patent applicants.

The original content continues further down the page.

📉 Decrease in PCT Fees

Starting January 1, 2024, the USPTO reduced the International Filing Fee for the first 30 pages from $1,515 to $1,454. This decrease makes it more affordable for applicants seeking international patent protection. Lower fees may encourage more inventors to file PCT applications.

🏢 Modernization of Patent Publication Processing

On December 5, 2025, the USPTO achieved a significant milestone by processing pre-grant publications in-house for the first time. This modernization is part of their ongoing efforts to enhance efficiency and streamline the patent publication process. Faster processing can lead to quicker access to information for inventors and the public.

📜 Updates to the Manual of Patent Examining Procedure

In November 2024, the USPTO published Revision 01.2024 of the Manual of Patent Examining Procedure (MPEP). This update includes revisions that reflect current practices and legal standards. Staying informed about changes in the MPEP is crucial for applicants as it guides patent examination procedures.

⏳ Average Patent Application Pendency

As of 2026, the average time from filing to a final decision for a utility patent application remains approximately 24 months. This consistency in processing time is important for applicants to plan their patent strategies effectively.

📌 Key Points Summary

  • 📉 PCT fees decreased, making international applications cheaper.
  • 🏢 USPTO’s in-house publication processing aims to improve efficiency.
  • 📜 MPEP updates ensure applicants follow current guidelines.
  • ⏳ Average pendency for utility patents is about 24 months.

💡 Tips for Navigating Patent Applications

Reviewing your specific situation with your attorney can help clarify your path in the patent process.

📝 Understand Patent Eligibility

To be patentable, an invention must be new, non-obvious, and useful. It should also fit into specific categories, such as processes or machines. Knowing these criteria can help in preparing a strong application.

⏰ Respond on Time

Applicants must respond to communications from the USPTO, like office actions, within set deadlines. Failing to respond on time can lead to the abandonment of the application.

📄 Utilize Express Abandonment Forms

If you need to abandon your application, the USPTO provides forms for express abandonment. These forms streamline the process and can be used to request a refund.

💻 Consider Electronic Filing

Filing electronically can save costs. The basic filing fee for an electronic utility patent application is $140, compared to $350 for paper filings. This encourages quicker processing.

🆓 Use USPTO Resources

The USPTO offers free resources, such as guides and webinars, to help inventors navigate the patent process. Taking advantage of these resources can provide valuable insights and assistance.

📊 Keep Document Size in Mind

Non-patent documents over 20 pages can incur size fees. If your document has 21-50 pages, expect a $170 fee, and an additional $280 for every 50 pages beyond that. Planning document size can help avoid unexpected costs.

🏆 Ranked by User Reviews (2026)

This section presents services related to patent applications based on Trustpilot ratings. These services are aimed at helping individuals and businesses with their patent needs. The order is based on verified scores from October 2026, but remember that ratings can change over time.

Star ratings are just one aspect; unhappy customers may leave more reviews, affecting averages.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is known for offering online legal services, including business formation and intellectual property support. Users appreciate its convenience, but some have reported delays and communication issues, which may affect the overall experience.

🆓 Free USPTO Resources

The USPTO provides free resources for inventors, including guides, webinars, and a contact center. These resources are designed to assist with understanding the patent application process without any cost. Utilizing these options can be beneficial for independent inventors and small businesses seeking guidance.

🔎 Factors to Compare When Choosing Services

  • 📊 Trustpilot ratings and number of reviews
  • 💻 Types of services offered related to patents
  • ⏳ Processing times for applications
  • 💬 Customer feedback on communication and support
  • 💵 Fee structures and any additional costs

❓ Frequently Asked Questions

❓ What are the eligibility requirements for a patent?

To be eligible for a patent, an invention must be novel, non-obvious, and useful. It must also fit into one of the statutory categories, such as a process or machine.

📅 How long does the patent application process take?

The average time from filing to final decision for a utility patent application is approximately 24 months. Applicants should plan accordingly and be prepared for this timeline.

📄 What is the process for abandoning a patent application?

The USPTO provides forms for express abandonment, which applicants can use to formally abandon their applications. This process can include a request for a refund if applicable.

💻 Are there discounts for small entities when filing?

Yes, small entities can benefit from reduced fees. For example, the basic filing fee for a non-electronic utility patent application is $200 for small entities compared to $400 for larger entities.

📊 What are the maintenance fees for patents?

Maintenance fees for patents are due at 3.5, 7.5, and 11.5 years after the patent grant. Fees vary based on entity size, with discounts available for small and micro entities.

📚 How can I find additional resources for the patent process?

The USPTO offers free resources, including guides and webinars, to assist inventors. These resources can help clarify the patent process and answer common questions.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have addressed various aspects of patent law, impacting how patents are examined and enforced. These cases can provide insight into current trends and interpretations of patent regulations.

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

End of October 2026 Update





The process of patenting a new idea for a device or process in the United States can be an involved and procedurally difficult task. In order to ensure that the rights of a creator are being properly granted to the patent applicant, the responsible agency, the United States Patent and Trademark Office (USPTO), examines the newness, functionality, and "non-obvious" relation of the invention to previously patented discoveries. 

This level of caution is essentially intended to ensure that both society and the inventor can benefit from the patent. As the agency itself admits, its procedures for patenting inventions are not consistent in the amount of time they require, but will generally take up at least a year. If any legal issues are brought up by the examination process, registration of a patent may well require several years to be either fully effected or rejected. 

The USPTO also allows for the possibility that it may be urgent for the patenting of certain inventions to be expedited. For this purpose, applicants can apply for their invention to come under the heading of the accelerated examination program for patenting. Causes that may be accepted by the USPTO as meriting coverage under the accelerated examination program may stem either from considerations due to the applicant or from the greater good to come from the patenting of the invention.

Accelerated Examination of Patents

The USPTO will extend the benefits of the accelerated examination program to patents which are found to have a significant and demonstrable link to maintaining human safety or life. Such concerns may arise in connection to universal human well-being or to the more specific concerns for the safety of American citizens and security of the United States. 

Patents which relate to the health of the environment, as may be threatened by human polluting activities, or of human beings, as may stem from significant concerns such as HIV/AIDS or cancer, are likely to be applicable for the accelerated examination program. Another applicable issue is that of patents relating to anti-terrorist measures, which the USPTO will grant both for general humanitarian reasons and for the purpose of serving the specific interests of the United States. 

A prospective patent registrar might apply for the accelerated examination program if there was a tangible reason to think that his or her health might not last for too much longer beyond the normal patenting process, based either on existing problems or on advanced age.

On August 25, 2006, alterations made by the USPTO to the accelerated examination program for patenting took effect. These allowed for applications for patenting to be taken out of the line of patents being considered according to date of application and ruled on by the USPTO ahead of time. 

This change would affect patents with widely based societal significance, but not those based on the health or age of the patent applicant. According to statistics offered by the USPTO, about 60% of the applications it receives for the accelerated examination program are accepted.