📅 2026 Update: Recent Changes in US Patent Law

Since the original article was published, several important updates have occurred in US patent law. These changes impact how patents are filed, maintained, and understood, especially regarding new technologies. The earlier article continues further down this page, covering foundational aspects of US patent law.

🧾 Patent Fee Adjustments

The United States Patent and Trademark Office (USPTO) updated its patent fees on January 19, 2025. These changes aim to support efficient operations and strategic goals. The basic filing fee for a utility patent application is now $350 for large entities.

Reduced fees apply to small and micro entities, making it more accessible for innovators.

🌍 WIPO Standard ST.26 Adoption

On July 1, 2024, the USPTO changed regulations to align with the World Intellectual Property Organization's (WIPO) Standard ST.26. This new rule requires that patent application disclosures containing nucleotide and/or amino acid sequences be submitted in XML format. This change modernizes the submission process for relevant inventions.

🤖 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. It emphasizes the importance of human contribution, recognizing that innovations often involve both AI and human creativity.

📅 Maintenance Fees and Deadlines

Maintenance fees are essential for keeping patents active. These fees are due at 3.5, 7.5, and 11.5 years after a patent is granted. Failure to pay these fees results in the patent expiring, so it's crucial for patent holders to stay aware of these deadlines.

📌 Key Points Summary

  • 💰 Patent fees updated in January 2025.
  • 🌍 New XML format required for nucleotide/amino acid sequences since July 2024.
  • 🤖 AI-assisted inventions can be patented if human contribution is clear.
  • 📅 Maintenance fees due at 3.5, 7.5, and 11.5 years after patent grant.

💡 Tips for Navigating Patent Law

It is important to review your specific situation with your attorney. Here are some practical tips to consider when dealing with US patent law.

🔍 Understand Patent Types

Familiarize yourself with the different types of patents. Utility patents cover new processes, machines, and compositions of matter. Design patents protect ornamental designs, while plant patents apply to distinct plant varieties.

📝 Use the Right Forms

When filing a patent, ensure you use the correct forms. The USPTO offers specific forms for express abandonment and fee transmittal. Using these forms correctly can help streamline your application process.

⏳ Be Aware of Deadlines

Keep track of important deadlines for patent applications and maintenance fees. Timely responses to office actions are crucial, as replies must be received within six months. Extensions may be available but can vary.

📅 Stay Updated on Fees

Monitor the USPTO for updates on patent fees. The basic filing fee for utility patents is now $350, with reduced rates for small and micro entities. Staying informed can help you plan your budget.

🌐 Explore Free Resources

Take advantage of free resources offered by the USPTO. Programs like the Inventors Assistance Center provide guidance on the patent process, while patent pro bono programs offer free legal assistance to small businesses and independent inventors.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service met the review threshold for patent assistance in this area. Instead, this section highlights free government and nonprofit resources available to help inventors navigate the patent process.

🥇 1. Inventors Assistance Center (IAC)

The IAC provides free support to inventors, including guidance on the patent process. This center helps inventors understand how to file their patent applications and answer any fee-related questions. It is an excellent resource for anyone new to the patent system.

🥈 2. Patent Pro Bono Programs

The USPTO supports regional patent pro bono programs that offer free legal assistance. These programs are designed for independent inventors and small businesses. They help individuals who may not afford legal counsel navigate the complexities of patent law.

🥉 3. Patent Application Process Overview

The USPTO offers a comprehensive guide to the patent application process. This resource covers everything from determining if a patent is suitable for your invention to maintaining it once granted. It's a crucial tool for anyone considering a patent application.

4️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP provides detailed guidance on patent examination procedures. It is available on the USPTO's website and serves as a valuable reference for inventors and patent professionals alike. Understanding the MPEP can help demystify the patent examination process.

🔎 What to Check Before Paying for Help

  • 💼 Review the credentials of any service provider.
  • 📋 Confirm they specialize in patent law.
  • 🔍 Look for user reviews or testimonials.
  • 💰 Compare costs with free government options.
  • 🗓️ Ensure they provide clear timelines for services.

❓ Frequently Asked Questions

❔ What is a utility patent?

A utility patent protects new and useful processes, machines, or compositions of matter. It is the most common type of patent granted by the USPTO.

📅 How long does the patent application process take?

The patent application process can vary, but applicants must respond to office actions within six months. The overall timeline depends on the complexity of the application and the examiner's workload.

⚠️ What happens if I miss a maintenance fee deadline?

If maintenance fees are not paid by the due date, the patent will expire. It is essential to keep track of these deadlines to maintain your patent rights.

🌱 Are there any restrictions on patenting AI inventions?

AI-assisted inventions are not categorically unpatentable. The USPTO emphasizes the necessity of human contribution in such innovations, which can make them eligible for patent protection.

🗂️ What resources does the USPTO provide for inventors?

The USPTO offers various resources, including the Inventors Assistance Center and guides on the patent application process. These resources can help inventors navigate the complexities of patent law.

📝 Can I file a patent application online?

Yes, the USPTO allows online filing of patent applications through its electronic filing system. This method is encouraged to streamline the application process and reduce costs.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have focused on various aspects of patent law, including the eligibility of AI-assisted inventions and the enforcement of patent rights. These cases reflect the ongoing evolution of US patent law in response to new technologies and challenges.

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

End of October 2026 Update







The Intellectual Property and Communications Omnibus Reform Act was passed in 1999 to make several changes for the protection of intellectual property rights in the United States. It was proposed as an amendment to the U.S. Patent Act of 1952, the alteration of which had long been a goal for legislators and legal professionals. To these amendments were added further intellectual property rights-related provisions on the misuse of Internet domain names via the practice of "cybersquatting" and television watching via satellite and in rural areas, with the entire intellectual property rights act being placed in budgetary legislation. In this form, the law was approved by Congress on November 19, 1999.



The law was signed by President Clinton ten days later. In a year from that date all of its intellectual property rights changes had gone completely into effect. The Intellectual Property and Communications Omnibus Reform Act is referred to as Public Law 106 - 113. Observers of the intellectual property rights field identify seven major subjects for reform in the Intellectual Property and Communications Omnibus Reform Act, to which assorted amendments can also be considered.



The first major intellectual property rights issue addressed by the legislation is that of "invention promotion services," as can be found in Section 197 of Article 35 of the United States Code. Such businesses exist for the sake of assisting would-be inventors. This help may be given toward the initial step of creating the invention, or it may come at the later point of the placing of the invention on the market. 

Intellectual Property and Communications Omnibus Reform Act 1999


In any event, concerns grew upon around the irregular nature of the average client-business relationship in such dealings, which meant that it was predominantly individuals without professional expertise in the technology field who went to such businesses.



In the interests of providing for the intellectual property rights of the customers of such businesses, however misguided such a relationship might be considered, the Intellectual Property and Communications Omnibus Reform Act made disclosure statements mandatory for invention promotion services. It also gave customers the right to take legal action against service providers who attempted to abuse their intellectual property rights. These new avenues for legal defense took effect on January 28, 2000.



The second major alteration to law on intellectual property rights took effect on December 29, 1999 and addressed the required payments for filing an initial patent registration application and the later renewal application form and the first maintenance for a patent registration. To this end, it changed the language in Section 41 (a) of Article 35 of the United States Code.



The third major change was placed in the United States Code in Article 35, Section 173. After November 29, 1999, it could be used in intellectual property rights infringement cases. It made the so-called "first inventor" or "prior user" argument an acceptable answer to legal challenges as to patent originality. The existence of a first inventor can be determined, according to this provision, when the invention had been first "reduced to practice," in the language of patent law, at least a year before the patent registration application had been made.



The fourth major change was effected in alteration to the language in Sections 132 and 154(b) of Article 35 of the United States Code and is referred to as the "patent term guarantee." This guarantee is enacted by allowing for fixed increases to the "term of protection" for the patent holder in the event that the registration of the patent was delayed without the patent holder having been at fault. If the patent application was at fault in any way during the application process, then this option will be discounted. If it is found, however, that the delays were caused by actions of the United States Patent and Trademark Office 



The sixth major change took effect on the same day as the previous provision. It was enacted in Sections 308 to 311 of Article 35 of the United States Code. It extended to applicants the option of inter partes actions for the sake of requested re-examinations of patent applications which had been previously rejected by the United States Patent and Trademark Office (USPTO). 



In such procedures, the office would accept submissions from interested parties. It would also allow for three months for the purpose of making a good judgment as to the merits of the case for reapplication. When a request for inter partes proceedings to take place is submitted, it must indicate whose "real interest" is at stake in the request.



The seventh major change concerned the organization of the United States Patent and Trademark Office, which had been altered in its structure and procedures by March 29, 2000. Before the passage of the Intellectual Property and Communications Omnibus Reform Act, the USPTO was referred to as an office of the Department of Commerce, whereas afterward it was designated, as it is currently considered, an agency of that branch of government. 



The Office's two roles in terms of patents and trademarks were separated more firmly than before by the creation of two distinct offices of commissioners to deal with the two subjects. The provision also mandated that the USPTO create Public Advisory Committees in order to give oversight of the USPTO's functions. Contact an intellectual property lawyer to review your case.