📅 2026 Update: Changes in Patent Law and Procedures

Since the original article was published, there have been important changes in patent law and processes. Updates include fee adjustments, new procedures, and improved resources for inventors. The information below highlights the most relevant changes for those seeking to understand patentability and related topics.

📉 Decrease in PCT Fees

The USPTO has lowered certain fees under the Patent Cooperation Treaty (PCT). Starting January 1, 2024, the International Filing Fee for the first 30 pages dropped from $1,515 to $1,454. This reduction aims to make the process more affordable for applicants.

🖥️ USPTO Modernizes Processing

On December 5, 2025, the USPTO made strides in its Patent Publication Program. It processed pre-grant publications in-house for the first time. This advancement is expected to improve efficiency and transparency in the patent application process.

📜 Updates to the MPEP

The Manual of Patent Examining Procedure (MPEP) received a significant update in November 2024. Revision 01.2024 includes changes across multiple chapters to reflect current practices and legal standards. Keeping up with these updates is essential for understanding patentability.

💵 Current Fees and Costs

As of January 19, 2025, the basic filing fee for utility patents is $350 for paper filings and $140 for electronic submissions. A non-electronic filing incurs a fee of $400, reduced to $200 for small entities and $70 for micro entities. Maintenance fees now apply at 3.5, 7.5, and 11.5 years after patent grant.

📌 Key Points Summary

  • 📉 PCT fees decreased effective January 1, 2024.
  • 🖥️ USPTO now handles pre-grant publications in-house.
  • 📜 MPEP updates reflect current legal standards.
  • 💵 Basic utility patent filing fees are now $350 (paper) and $140 (electronic).
  • 🔄 Maintenance fees are due at specific intervals post-grant.

💡 Tips for Understanding Patentability

Review your specific situation with your attorney to ensure you meet all requirements.

📚 Understand Subject Matter Eligibility

To be patentable, an invention must be novel, non-obvious, and useful. It should fit into one of the statutory categories: process, machine, manufacture, or composition of matter.

📅 Know the 18-Month Publication Rule

Patent applications are published 18 months after the earliest filing date. If you want to avoid publication, you need to file a non-publication request.

⏰ Be Aware of Response Deadlines

Applicants must respond to USPTO communications, such as office actions, within specified time frames. Failing to do so could lead to abandonment of the application.

💻 Utilize USPTO Resources

The USPTO provides free resources, including guides and webinars. These can help inventors understand the patent process better.

🏛️ Explore Pro Bono Programs

The USPTO collaborates with nonprofit organizations to offer pro bono legal assistance. This can be especially helpful for independent inventors and small businesses.

🏆 Patent Services Ranked by User Reviews (2026)

This section highlights services related to patent processes, including filing and legal assistance. The order is based on Trustpilot data checked in October 2026, which reflects user experiences. Ratings can vary, and unhappy customers tend to leave more feedback, so consider this when reviewing scores.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. It is well known for providing online legal services, including business formation and intellectual property services. Users appreciate the convenience but some report delays and communication issues, which is important to consider for timely patent applications.

🆓 Free Government and Nonprofit Help

The USPTO offers free resources such as guides, webinars, and a contact center to assist inventors. Additionally, pro bono programs provide legal assistance for independent inventors and small businesses, making patent services more accessible.

🔎 What to Compare When Choosing Patent Services

  • 📄 Fee structure and total costs.
  • ⏳ Average processing times for applications.
  • 🔍 Availability of free resources or assistance.
  • 🏆 User reviews and ratings from reliable sources.
  • 🗓️ Updates on legal standards and procedures.

❓ Frequently Asked Questions

❔ 🤔 What is required for an invention to be patentable?

An invention must be novel, non-obvious, and useful. It must also fit within certain categories recognized by law, such as process, machine, manufacture, or composition of matter.

🕒 ⏰ 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. This timeline can vary based on several factors, including the complexity of the invention.

📅 📜 What are maintenance fees for patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent is granted. These fees ensure that the patent remains in force and are dependent on the size of the entity holding the patent.

🖥️ 📚 What resources does the USPTO offer to inventors?

The USPTO provides free guides, webinars, and a contact center to help inventors navigate the patent process. These resources aim to improve understanding and accessibility.

📑 📅 What happens if I miss a response deadline?

If you miss a deadline to respond to USPTO communications, your application may be considered abandoned. It is critical to stay aware of all deadlines to maintain your application.

🔄 💼 Can I abandon my patent application?

Yes, the USPTO provides forms for express abandonment. This process allows applicants to abandon an application and potentially receive a refund for certain fees under specific conditions.

⚖️ Recent Cases in Patent Law

Recent court rulings have influenced how patentability and related topics are interpreted. These decisions can affect application processes as well as enforcement of patents.

Explore more recent rulings in the news section: more rulings on the news page.

End of October 2026 Update






In leaving patentability up to the question of utility, American patent law is relatively unusual, in that European patent law does not refer to general usefulness, but rather to the industrial applicability of the technology. Despite this difference, the distinction between the kinds of subject matter falling within the bounds of patentability established in the two regions are generally not very different. The main body of American patent law is addressed toward inventions which can be issued utility plant design.

Due to controversies that have occasionally arisen over the kind of uses which may be allowed for by Section 101, in the early 21st century the USPTO has released statements restating its opinion that certain kinds of products of human creativity and expertise, which include transmitted energy, literature, music, paper documentation on law, and collections of information do not meet the conditions for patentability. It has also welcomed further discussions of the patentability of these forms of human creativity. Transmitted forms of energy have been excluded by American patent law for the specific reason that they are not physically manifest and thus lie outside the proper bounds of the USPTO.

Conditions for Patentability Subject Matter

Section 103 of Article 35 also contains provisions on the kinds of subject matter that may be administered by United States patent law. According to the language of this section, subject matter must be "non-obvious" and not readily graspable by individuals "of ordinary art" in the subject matter to constitute original creations.