📅 2026 Update: Key Changes in US Patent Law Since 1891

Since the original article on the Evarts Act of 1891, there have been important updates in US patent law. These changes aim to modernize the patent process and accommodate new technologies, such as artificial intelligence. Below, you will find key updates that impact how patents are handled today.

📜 Patent Fee Adjustments

On January 19, 2025, the USPTO updated its patent fees. This change was made to support efficient operations and strategic goals. Fees for filing a utility patent application now start at $350 for large entities, with reduced fees available for small and micro entities.

🌍 WIPO Standard ST.26 Adoption

As of July 1, 2024, the USPTO aligned its regulations with the World Intellectual Property Organization's Standard ST.26. This means that any patent applications containing nucleotide or amino acid sequences must be submitted in XML format. This update aims to streamline data handling and improve the quality of applications.

🤖 AI-Assisted Inventions Guidance

Effective February 13, 2024, the USPTO clarified its stance on AI-assisted inventions. The guidance states that these inventions are not automatically unpatentable. However, there must be a significant human contribution involved in the innovation for it to qualify for a patent.

🏢 Unleashing American Innovators Act of 2022

Signed into law on December 29, 2022, this act created new regional outreach offices. It also increased fee discounts for small and micro entity patent applicants. This initiative aims to make the patent process more accessible for independent inventors and small businesses.

📅 Maintenance Fee Deadlines

The maintenance fees for keeping a patent in force remain due at 3.5, 7.5, and 11.5 years after the patent grant. Failing to pay these fees will lead to the expiration of the patent, so it is essential for inventors to keep track of these deadlines.

📌 Key Points Summary

  • ⚖️ Updated patent fees effective January 19, 2025.
  • 🔗 WIPO Standard ST.26 requires XML format for certain applications.
  • 🤖 AI-assisted inventions clarified as patentable with human contribution.
  • 🏢 New outreach offices and fee discounts for smaller applicants.
  • 📅 Maintenance fees due at specific intervals to keep patents active.

💡 Tips for Navigating Patent Applications

It is crucial to discuss your particular situation with your attorney. They can help you understand the nuances of patent law as it relates to your invention.

📋 Understand Patent Types

Different types of patents exist: utility patents, design patents, and plant patents. Utility patents cover new and useful inventions, while design patents focus on ornamental designs. Knowing which type fits your invention is essential.

⏳ Responding to Office Actions

When receiving an office action from the USPTO, you have six months to respond. Extensions are often available, but timely responses can prevent delays in your application process.

💵 Keep Track of Fees

Be aware of the basic filing fee of $350 and additional costs for non-electronic filings. You may qualify for reduced fees as a small or micro entity, making it important to identify your status before applying.

✅ Use USPTO Resources

The USPTO offers resources like the Inventors Assistance Center (IAC) for free guidance on the patent process. Utilizing these can provide valuable support without incurring extra costs.

📅 Stay Updated on Regulations

Changes in patent regulations can occur frequently. Regularly check the USPTO’s website for updates, especially regarding new rules that could affect your patent application.

📑 Maintain Your Patent

Remember to pay maintenance fees at the specified intervals to keep your patent enforceable. Missing these deadlines can result in the loss of patent rights.

🏆 Free Options Ranked by User Reviews (2026)

Currently, no national paid services in the patent field met the review threshold for this section. Instead, here are free government and nonprofit resources available to assist inventors.

🥇 1. Inventors Assistance Center (IAC)

The IAC provides free assistance to inventors. They offer guidance on the patent application process, including how to navigate fees and requirements. This resource is especially helpful for first-time applicants seeking clarity on procedures.

🥈 2. Patent Pro Bono Programs

The USPTO supports regional patent pro bono programs. These programs offer free legal assistance to independent inventors and small businesses. This service helps inventors who may not afford legal fees to secure their patents.

🥉 3. USPTO Resource Guides

The USPTO provides detailed guides for various aspects of the patent process. These resources cover everything from determining patent eligibility to maintaining an existing patent. Utilizing these guides can simplify your journey through the patent system.

4️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP offers comprehensive guidance on patent examination procedures. It is an essential tool for understanding how patents are evaluated and what examiners look for in applications. This resource is available for free on the USPTO website.

🔎 What to Check Before Paying for Help

  • 👀 Confirm the service is legitimate and has good reviews.
  • 💰 Understand all fees involved before agreeing to any service.
  • 📄 Review their success rates and user experiences.
  • 📞 Ensure they provide clear communication and support options.

❓ Frequently Asked Questions

❓ What types of inventions can be patented?

Utility patents cover new processes, machines, or compositions of matter. Design patents protect ornamental designs, while plant patents are for new plant varieties.

⏳ How long does it take to process a patent application?

Processing times vary but expect at least several months. Responding to office actions promptly can expedite the process.

💵 What are the maintenance fees for patents?

Maintenance fees are due at 3.5, 7.5, and 11.5 years after a patent is granted. These fees must be paid to keep the patent active.

📝 Can I file a patent application online?

Yes, the USPTO provides an online filing system for patent applications. Electronic filing is often encouraged to reduce costs.

🏛️ Where can I find help with my patent application?

The USPTO’s Inventors Assistance Center offers free guidance, and regional pro bono programs provide legal assistance for eligible inventors.

🕒 What happens if I miss the maintenance fee deadline?

Failing to pay the maintenance fees can result in the expiration of your patent. It is crucial to track these deadlines to maintain your patent rights.

⚖️ Recent Cases Related to Patent Law

Recent court rulings continue to shape patent law and its applications. These rulings affect how patents are granted and enforced, impacting inventors and businesses alike.

For more recent rulings, you can browse more rulings on the news page.

End of October 2026 Update





The Evarts Act of 1891 created the United States court of appeals system. It is named for Senator William M. Evarts, the main advocate for the law's passage. It is also referred to as the Judiciary Act of 1891 and the Circuit Courts of Appeals Act. This legislation created the system of the court of appeals in the United States. With the existence of a specific system of courts of appeals, such actions, such as patent court proceedings, could be moved out of the district and circuit courts.


The Evarts Act 1891

To implement the Evarts Act, Congress formed nine courts--each possessing one district judge and two circuit judges--to form the court of appeals system. Under this system, a court of appeals would have authority over the relevant issues found to arise in decisions made by legally subordinate courts.


After an issue, for instance arising in patent court, had been located by a court of appeals, the issue could be submitted by the presiding judge to the Supreme Court for consideration. This reform was intended in part to free up the Supreme Court to more closely focus on a fewer number of cases. The Supreme Court could choose to either review decisions as certified by a court of appeals, or make judgments on a court of appeals decisions, according to a higher court decision referred to as a writ of certiorari. 


As an exception to the power given to a court of appeals under the Evarts Act, the legislation included a clause specifying specific circumstances in which an appeal could be made first to the Supreme Court without being first heard by a court of appeals.


Presently, the number appeals courts in the United States have risen to thirteen. Patent court decisions may be challenged through a motion submitted for the consideration of one of the courts of appeals. In particular, the Federal circuit court has the power to supervise patent court appeals. 


Outside of this system of courts, there are other legal settings in the United States referred to as courts of appeals yet which do not owe their existence to the Evarts Act. These include the United States  the Court of Appeals for the Armed Forces and the Court of Appeals for Veteran Claims .