📅 2026 Update: Recent Developments in Patentability and Fees

Since the original article was published, several important changes have occurred in the realm of patent law, especially regarding fees and processes. These updates enhance the patent application experience and clarify eligibility rules for inventors. The earlier article continues further down the page and provides foundational information on patentability.

📉 Decrease in PCT Fees

As of January 1, 2024, the International Filing Fee for the first 30 pages under the Patent Cooperation Treaty (PCT) decreased from $1,515 to $1,454. This change aims to reduce costs for applicants and align the fees with international standards.

🏢 USPTO Modernizes Processes

On December 5, 2025, the USPTO reached a significant milestone by processing pre-grant publications in-house for the first time. This modernization is part of an ongoing effort to improve the efficiency of the Patent Publication Program, benefiting applicants and the public alike.

📖 Updates to MPEP

In November 2024, the USPTO released Revision 01.2024 of the Manual of Patent Examining Procedure (MPEP). This revision includes updates across multiple chapters to reflect current practices and legal standards, ensuring that applicants have access to the most relevant information.

💰 Changes in Filing Fees

As of January 19, 2025, the basic filing fee for a utility patent application is set at $350 for paper filings and $140 for electronic filings. The non-electronic filing fee for nonprovisional utility applications is $400, with discounted fees available for small and micro entities.

📌 Key Points Summary

  • 📉 PCT fees decreased for international applications.
  • 🏢 USPTO now processes pre-grant publications in-house.
  • 📖 MPEP updates reflect current practices and legal standards.
  • 💰 New basic filing fees for utility patents are now effective.
  • 🕒 Changes improve efficiency and reduce costs for applicants.

💡 Tips for Navigating Patent Applications

It's important to review your specific situation with an attorney before proceeding with any patent-related matters.

⚖️ Understand Subject Matter Eligibility

Make sure your invention falls within the eligible categories: process, machine, manufacture, or composition of matter. This ensures you are on the right track for patentability.

⏳ Keep Track of Deadlines

Be aware that patent applications are typically published 18 months after the earliest filing date. If you want to avoid publication, file a non-publication request promptly.

📄 Utilize USPTO Resources

The USPTO provides free guides, webinars, and a contact center to help inventors navigate the patent process. Take advantage of these resources to clarify any questions you may have.

📝 Consider Maintenance Fees

Remember that maintenance fees are due at 3.5, 7.5, and 11.5 years post-grant to keep your patent active. These fees vary based on the size of the entity, so plan accordingly.

📄 Review the MPEP

Stay informed by reviewing the latest version of the MPEP. It contains essential information about patent examination procedures that can affect your application.

💰 Take Advantage of Discounts

If you qualify as a small or micro entity, be aware of the reduced fees available for patent applications and maintenance. This can significantly lower your costs.

🏆 Services Ranked by User Reviews (2026)

This section covers various services relevant to patent law, focusing on those that assist with patent applications and related legal matters. The order of services follows Trustpilot data from October 2026, showing how companies are rated based on user experiences. While star ratings are informative, remember that unhappy customers often express their opinions more frequently, affecting overall scores.

🥇 1. LegalZoom

LegalZoom holds a Trustpilot score of 4.6. It is known for offering online legal services, business formation, and intellectual property services. Reviewers note that while many find the service helpful, some mention delays and communication issues that may impact the application process.

🆓 Free Government Resources

The USPTO offers free resources, including guides, webinars, and a contact center for inventors. Additionally, pro bono programs provide legal assistance through nonprofit organizations, aimed at independent inventors and small businesses.

🔎 Factors to Compare

  • 📅 Processing times for applications.
  • 💸 Fee structures, including discounts for small entities.
  • 📚 Availability of resources and support.
  • 🏢 Options for in-house processing and publication.
  • ⚖️ Quality of legal assistance provided.

❓ Frequently Asked Questions

❓ What are the main criteria for patentability?

An invention must be novel, non-obvious, and useful, fitting into one of the statutory categories: process, machine, manufacture, or composition of matter.

🕒 How long does it take to get a patent?

The average time from filing to final decision for a utility patent application is approximately 24 months. This timeline can vary based on the specifics of the application.

💰 What are the current maintenance fees for patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. The fees depend on the entity size and the maintenance period.

📄 Can I abandon my patent application?

Yes, the USPTO provides forms for express abandonment. This process allows applicants to withdraw their applications if needed.

📖 How often does the MPEP get updated?

The Manual of Patent Examining Procedure (MPEP) is updated regularly to reflect current practices and legal standards, with the latest revision published in November 2024.

📅 When are patent applications published?

Patent applications are typically published 18 months after the earliest filing date unless a non-publication request is filed.

⚖️ Recent Cases Related to Patentability

Recent court rulings have shed light on various aspects of patent eligibility and enforcement. These rulings play a vital role in shaping the understanding of what inventions can be patented and the processes involved.

For more information on recent rulings, browse more rulings on the news page.

End of October 2026 Update





The question of which new ideas for devices and functions can be considered to fall within the bounds of patentability for the purposes of United States law is provided for the U.S. Patent Act, which can be found in Article 35 of the body of federal law known as the United States Code. 

In this article, the Sections numbered from 100 to 105 supply the conditions under which a concept may be proved to be the new creation of its inventor and accordingly receive intellectual property protection rights. Among these conditions for patentability, an important part is played by "novelty," as it is termed by the language used. 

"Novelty" in this sense refers not to the interest aroused by something original but simply to the newness of the invention. The novelty requirement can be found in Section 102 of Article 35.

Conditions for Patentability Novelty

The definition of novelty contained by the United States Code for the purpose of proving patentability allows for enough ambiguity to occasionally require complex judgments on interpretations and facts. A clear-cut example of a case which will not satisfy patentability is one in which the idea can be established to have been public knowledge before the application was made. 

Another means by which an invention may be made public and thus ineligible for patentability is some account of the idea being published more than a year before the registration for its patent is filed. The third condition under which the novelty of an invention will be automatically discounted is one in which it was made commercially available or publicly put to use more than a year before patent registration was applied for. 

By these examples, novelty as is applicable for a finding of patentability can generally be defined as the period of a year. Inventors who wait for longer than a year, then, after initiating public use or discussion of the new invention can expect to see the invention lapse into a status equivalent to copyright law's public domain, opening up the invention to use by others. Even a casual reference to the desired object of patentability may be understood as the start of the one-year grace period if it occurs in some kind of public context. 

For this reason, even casual discussions of the fully developed invention should not be made by the inventor unless the listeners sign confidentiality agreements, not of mistrust of the audience, but out of the need to show that an invention has yet to be publicly disseminated.

Among the various issues which United States patent attorneys are trained to deal with, the requirement for novelty in patent applications is one which the legal representatives for a patent applicant should be prepared to handle. Among the main issues which arise from this section of patent law, it is important to note that United States patent law is unusually generous in allowing for a grace period as long as one year. 

Many other countries require the immediate filing of applications, often necessitating that applications be filed in those countries as soon as the invention is publicly discussed.