📅 2026 Update: Changes in US Patent Law and Procedures

Since the original article was published, there have been several important updates in US patent law and procedures. These changes affect how patents are filed, maintained, and enforced, especially in relation to modern technologies like artificial intelligence. The earlier article continues further down the page, providing foundational knowledge and context.

🤖 Revised Inventorship Guidance

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This change is significant, especially for inventions involving AI, as it confirms that AI cannot be listed as an inventor, even if it assists in the creative process. This guidance helps maintain clarity in patent filings related to AI technologies.

💰 Patent Fee Adjustments

Starting January 19, 2025, the USPTO updated patent fees to improve the system's efficiency. The basic filing fee for a utility patent application is now $350 for paper filings and $70 for electronic submissions by small entities. These adjustments aim to streamline the patent process and make it more accessible for inventors.

🧬 Adoption of WIPO Standard ST.26

On July 1, 2024, the USPTO adopted WIPO Standard ST.26. This requires patent applications involving nucleotide and amino acid sequences to be submitted in XML format. This change enhances the consistency and quality of scientific data in patent filings, benefiting researchers and developers in biotechnology.

📄 Subject Matter Eligibility Guidance Update

On July 16, 2024, the USPTO issued updated guidance on subject matter eligibility, particularly concerning AI-related inventions. This guidance helps applicants determine if their inventions meet the requirements under 35 U.S.C. § 101. It provides examples that clarify the boundaries of what can be patented, which is crucial for innovators in emerging tech fields.

📈 Clarity in Claims

On March 18, 2024, the USPTO reminded examiners to ensure clear analyses of means-plus-function and step-plus-function claims. This step aims to improve the clarity of patent records, allowing inventors to understand their patents better and reducing disputes over the interpretation of claims.

📌 Key Changes Summary

  • 🤖 Only natural persons can be named as inventors.
  • 💰 Updated filing fees effective January 2025.
  • 🧬 Adoption of WIPO Standard ST.26 for scientific data.
  • 📄 New guidance on subject matter eligibility for AI inventions.
  • 📈 Emphasis on clarity in claims analysis.

💡 Tips for Navigating the Patent Process

It's important to discuss your situation with an attorney to ensure you understand your options fully.

📄 Understand the New Fee Structure

Familiarize yourself with the updated patent fees effective January 2025. Knowing the costs associated with filing and maintaining patents can help you budget correctly and avoid unexpected expenses.

🧬 Prepare for XML Submissions

If your invention involves nucleotide or amino acid sequences, be ready to submit your application in XML format as required by WIPO Standard ST.26. This preparation will help you avoid delays in processing your application.

🤖 Assess Inventorship Carefully

When applying for a patent, ensure that all inventors are natural persons. This is especially crucial for inventions involving AI, as failing to adhere to this guideline can result in application rejection.

📄 Stay Informed on Subject Matter Eligibility

Review the USPTO's updated guidance for subject matter eligibility, especially if your invention relates to AI. Understanding these guidelines will help you determine whether your invention is patentable under current laws.

📈 Monitor Claim Clarity

When drafting patent claims, ensure they are clear and concise. Taking note of the USPTO's emphasis on clarity can help you avoid future disputes and enhance the chances of your patent being granted.

🔄 Keep Up with Processing Times

Be aware that patent application processing times can vary based on complexity and examiner workload. Regularly check for updates from the USPTO to stay informed about expected timelines for your application.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service in the area of patent assistance met the review threshold for this section. Therefore, the following free government and nonprofit resources can provide valuable support for inventors.

🥇 1. USPTO Resources

The USPTO offers a variety of resources aimed at helping inventors understand the patent process. These include guides, tutorials, and tools designed for both new and experienced inventors. They cover everything from filing applications to maintaining patents, making them a practical starting point for anyone looking to navigate the patent system.

🥈 2. Pro Bono Programs

The USPTO collaborates with nonprofit organizations to offer pro bono legal assistance to independent inventors and small businesses. These programs are designed to help those who cannot afford legal services, ensuring that more inventors have access to the support they need to protect their ideas and innovations.

🥉 3. Patent Maintenance Fee Storefront

The USPTO's Patent Maintenance Fee Storefront is an essential tool that allows patent holders to check their maintenance fee obligations. Users can look up payment information and pay fees online, helping to ensure that patents remain in force and reducing the risk of losing valuable protections due to missed deadlines.

4️⃣ Financial Manager

The USPTO's Financial Manager is an online system that helps users manage their payment methods and track financial transactions related to patent maintenance. This resource is particularly useful for inventors who want to keep their patent records organized and up to date.

5️⃣ Patent Center

The Patent Center is the USPTO's primary platform for electronically filing and managing patent applications. This user-friendly interface allows applicants to submit their patents conveniently and track their progress through the examination process.

🔎 What to Check Before Paying for Help

  • 🏷️ Look for free resources available through the USPTO.
  • 📄 Verify the credentials of any organization offering assistance.
  • 💬 Read user reviews and testimonials about the service.
  • 📅 Ensure the service provides clear timelines and expectations.
  • 🔄 Confirm that the service aligns with current patent laws and practices.

❓ Frequently Asked Questions

❓ What are the current fees for filing a patent application?

The basic filing fee for a utility patent application is $350 for paper filings and $70 for electronic filings by small entities. Additional fees may apply based on the specifics of the application.

📅 How often do I need to pay maintenance fees for my patent?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. These fees are necessary to keep the patent in force and maintain your exclusive rights.

🤖 Can I name an AI as an inventor on my patent application?

No, only natural persons can be named as inventors on patent applications, even if AI systems assist in the inventive process. This guideline was clarified by the USPTO in late 2025.

🧬 What is WIPO Standard ST.26?

WIPO Standard ST.26 requires that patent applications involving nucleotide and amino acid sequences be submitted in XML format. This standard aims to improve the consistency and quality of scientific data in patent applications.

📄 How can I find out more about the patent examination process?

The USPTO provides detailed guidance through the Manual of Patent Examining Procedure (MPEP), which is regularly updated to reflect current practices and laws. This resource can help applicants understand the examination process better.

📈 What recent changes have been made to patent eligibility guidelines?

The USPTO issued updated guidance on subject matter eligibility in July 2024, particularly focusing on AI-related inventions. This guidance provides examples to help applicants determine if their inventions qualify for patent protection under current laws.

⚖️ Recent Court Cases Related to Patents

Recent court rulings have shaped the landscape of patent law, particularly regarding inventorship and eligibility. These rulings clarify how existing laws apply to modern technologies and reinforce the importance of adhering to established guidelines in patent applications.

You can browse more rulings on the news page to stay updated on recent developments in patent law.

End of October 2026 Update






 





Summary of Patently Offensive



 

Patently Offensive


The term patently offensive refers to obscenity law under the First Amendment of the U.S. Constitution.  The term now mainly address broadcasting



standards under the Federal Communications Commission, but it also applies to publications like adult magazines and other types of adult material. 



 



How does the Supreme Court label something offensive or obscene?



 



According to the FCC and the Supreme Court, a broadcast is considered offensive and obscene if it meets criteria under three different statements.  The broadcast is offensive if:



 



·         “An average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient (involving sexual desire) interest”



·         “The material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law”



·         “The material, taken as a whole, must lack serious literary, artistic, political or scientific value”



 



Brief History of Broadcasting Restrictions



 



The set of restrictions listed in the section above is known as the “Miller Test.”  The term comes from a case that was decided by the Supreme Court on June 21, 1973. 



 



Before the case was brought to court, Miller mailed a large number of advertisements for illustrated books that were referred to as adult material.  Miller was found guilty of distributing obscene material after he sent five advertising brochures to a restaurant in Newport Beach, California.  The manager of the restaurant never asked for the material, and he opened the envelope without knowing it was adult material. 



 



The restaurant manager and his mother complained to the police, and Miller was found guilty of distributing obscene material and violated California Penal Code §311.2(a).  The case was appealed and affirmed. 



 



The brochures advertised a total of four books that were titled Intercourse, Man-Woman, Sex Orgies Illustrated, and An Illustrated History of Pornography.  Pictures of genitalia were displayed throughout the books. 



 



FCC Restrictions for Patently Offensive Material



 



Even though there is nothing in the First Amendment that can ban indecent material, broadcasting services can restrict the patently offensive material during certain times of the day.  Federal statute prohibits the use of indecent material between 6:00 a.m. and 10:00 p.m.



 



There is a difference between offensive and obscene material.  The FCC describes indecent material as “language or material that, in context, depicts or describes, in terms patently offensive as measure by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.”  Simply, less offensive material is indecent while the most offensive material is obscene. 



 



Can I file a complaint about indecent material?



 



Yes, you can submit a complaint to the FCC and they will review the material and decide of it violates profanity, indecency, or obscenity laws.  If the FCC does not find the description of the indecent material offensive, they will send a dismissal letter.  You have the option to re-file the complaint if you can provide more information.  You can file a complaint by calling 1-888-CALL-FCC.  If you’re submitting any type of media (like a DVD or CD) with the complaint, use the following address:



 



Federal Communications Commission



Consumer & Governmental Affairs Bureau



Consumer Inquiries and Complaints Division



9300 East Hampton Drive



Capitol Heights, MD 20743



Sources: https://www.fcc.gov/guides/obscenity-indecency-and-profanity,