📅 2026 Update: Recent Changes in US Patent Law

Since the original article was published, significant updates have occurred in U.S. patent law. These changes affect various aspects of patent applications, fees, and processes. The information below outlines the most relevant updates, while the earlier article continues further down the page.

🆕 Patent Fee Adjustments

Effective January 19, 2025, the United States Patent and Trademark Office (USPTO) changed its patent fees. This update aims to enhance operational efficiency and meet strategic goals. The basic filing fee for a utility patent application is now $350 for large entities, with reduced fees for small and micro entities.

🌐 WIPO Standard ST.26 Adoption

On July 1, 2024, the USPTO aligned with the World Intellectual Property Organization's (WIPO) Standard ST.26. This change requires that disclosures containing nucleotide and/or amino acid sequences be submitted in eXtensible Markup Language (XML) format. This new format aims to improve consistency in patent applications.

🤖 AI-Assisted Inventions Guidance

As of February 13, 2024, the USPTO clarified that inventions assisted by artificial intelligence (AI) are not automatically unpatentable. The guidance emphasizes that human contribution is essential for these innovations. This change reflects the evolving nature of technology and its role in invention.

🏢 Unleashing American Innovators Act

The Unleashing American Innovators Act of 2022 was signed into law on December 29, 2022. This act created new outreach offices and increased fee discounts for small and micro entity patent applicants. These changes aim to support independent inventors and small businesses in navigating the patent process.

📌 Key Points Summary

  • Updated fees effective January 19, 2025.
  • New XML format for nucleotide and amino acid sequences.
  • AI-assisted inventions clarified as patentable with human contribution.
  • New outreach offices and fee discounts for small applicants.
  • Ongoing support for independent inventors and small businesses.

💡 Tips on Navigating Patent Applications

Consulting with an attorney is important to understand how these changes may impact your specific situation.

📝 Understand New Fees

Be aware of the updated patent fees effective January 19, 2025. The basic filing fee for a utility patent application is now $350 for large entities, with reduced fees for smaller entities. Knowing these fees can help you budget accordingly.

📄 Use Correct Formats

If your patent involves nucleotide or amino acid sequences, ensure you submit the disclosures in the new XML format as required by the WIPO Standard ST.26. This compliance is crucial for the acceptance of your application.

🧠 Embrace AI Innovations

If your invention involves AI, review the new USPTO guidance on AI-assisted inventions. Understanding that these inventions can be patentable with human contribution may open new avenues for protection.

📅 Monitor Maintenance Fees

Remember that maintenance fees are due at 3.5, 7.5, and 11.5 years after the patent grant. Paying these fees on time is essential to keeping your patent in force, or it may expire.

💼 Explore Free Assistance

Utilize resources like the Inventors Assistance Center (IAC) for free guidance on the patent process. They can help answer questions related to applications and fees.

💡 Prepare for Office Actions

If you receive an office action, remember to respond within six months. Extensions are available but may require additional time, so plan your responses accordingly.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services in the patent assistance area met the review threshold for this section. Instead, this part lists free government and nonprofit resources to help inventors.

🥇 1. Inventors Assistance Center (IAC)

The IAC offers free assistance to inventors navigating the patent process. They provide guidance on patent applications, fee-related questions, and general support for understanding the patent system.

🥈 2. Patent Pro Bono Programs

These programs offer free legal assistance to independent inventors and small businesses. They help connect inventors with volunteer patent attorneys who can provide support in preparing and filing patent applications.

🥉 3. USPTO Website Resources

The USPTO's website is a valuable resource for patent information. It offers guides on the application process, maintenance of patents, and updates on recent changes in patent law.

4️⃣ Patent Application Process Overview

The USPTO provides a step-by-step guide for the patent application process. This includes determining if a patent is appropriate, understanding fees, searching for similar inventions, and maintaining the patent.

5️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP is available on the USPTO website and provides detailed guidance on patent examination procedures. It is a helpful resource for inventors looking to understand the requirements and processes involved.

🔎 Important Considerations Before Paying for Help

  • 🧐 Research the provider’s reputation.
  • 💵 Compare costs with free resources.
  • 🕵️‍♂️ Check for reviews and testimonials.
  • 📜 Confirm their expertise in patent law.
  • ✅ Ensure they provide a clear service agreement.

❓ Frequently Asked Questions

❓ What is a utility patent?

A utility patent is granted for new and useful processes, machines, or compositions of matter, including improvements. It is the most common type of patent in the U.S.

🔍 How do I respond to an office action?

Replies to office actions must be submitted within six months of the mailing date. If more time is needed, you can typically request an extension of two or three months.

📅 What are maintenance fees?

Maintenance fees are required to keep a patent in force. They are due at 3.5, 7.5, and 11.5 years after the patent is granted.

🗂️ What is the WIPO Standard ST.26?

The WIPO Standard ST.26 requires disclosures containing nucleotide and/or amino acid sequences to be submitted in XML format. This standard helps ensure consistency in patent applications.

🤖 Can AI-assisted inventions be patented?

Yes, AI-assisted inventions can be patentable as long as there is a significant human contribution. The USPTO clarified this in guidance issued in February 2024.

📞 How can I get free help with my patent?

You can contact the Inventors Assistance Center (IAC) or participate in regional patent pro bono programs for free assistance in navigating the patent process.

⚖️ Recent Court Cases Impacting Patent Law

Recent court rulings have further shaped American patent law. These decisions address key aspects of patent eligibility, infringement, and the evolving landscape of technology, directly relating to the topics discussed in this article.

For additional updates, readers can check more rulings on the news page.

End of October 2026 Update







Patent law 



Interest in the creation of the United States Code can be dated back to the efforts of individual publishing companies, who created guides to federal laws to serve the interests and practical purposes of other private individuals but without any official endorsement from the U.S. government. The first true precursor to the United States Code was passed into law by Congress on June 22, 1874 as the "Revised Statutes." 



This codified form referred to the federal statutes in effect as of December 1, 1873. At this point an important point came up, one that has continued to relate to patent law and other subjects for federal codification, that of whether law codes could function as sources for legal enforcement themselves, or simply as prima facie evidence on those laws. The Revised Statutes, which underwent corrections in 1878, were given legal force as "positive" or statutory laws. 

The History of American Patent Law


The Revised Statutes ceased to function effectively, however, due to Congress's failure to update them with the new laws that had been passed. In time, legal scholars and professionals once again had to look in different places for federal statutes. After the lapsing of the Revised Statutes, a second program was carried out by Congress to provide for a general legal framework for the United States. In a ten-year period, from 1897 to 1907, Congress studied existing federal statutes for the purpose of gathering them together but never carried the project to completion, in the absence of which new private publications were issued.



A third effort to create the United States Code took place in the 1920s, this time successfully. In 1925, an initial model for the completed code was created by the House Committee on Revisions of Laws comprising sixty different "titles" or sections, unlike the fifty title code that would later be issued. In 1926 the work conducted by the Congressional committee received legislative approval and the Code passed on law by the decision of the 69th session of Congress. The initial House Resolution, made on April 12, 1926, mandated that the law would be in positive effect after June 30, 1927. 



Before the bill could be signed into law, however, it was decided that the likelihood of mistakes being present in the law mitigated against the wisdom of making the Code a source for statutes. With this in mind, the Senate made an amendment to the legislation making the Code a prima facie source for legal evidence. This decision was later borne out by the discovery of 537 textual errors, included eighty-eight greatly affecting the substance of laws. With the legislation thus improved, President Coolidge signed the legislation on June 30, 1926.



 The United Code was first issued as a single, bound text publication. Because the prior work conducted by private parties was at this point in advance of governmental regulations, this first edition contained cross-references to the non-official publications United States Compiled Statutes Annotated and Federal Statutes Annotated. A 1928 law established the principle that a period of several years would intervene between new issues of the Code, originally set at five, and later extended to six years.



With the initial publication of the United States Code, the laws did not hold any power in the American legal system, but merely served as prima facie evidence in legal proceedings. Further work on the development of the United States Code was directed toward the end of putting the Code's provisions into effect as positive laws. In the late 1940s, increasing numbers of Americans involved in the practice of patent law, such as inventors and industrialists, issued complaints about how the field was being treated by the courts under common law. 



With a mind to providing a consistent set of rules for the intellectual property rights due to inventions, the House sub-committee tasked with reordering the 1926 United States Code incorporated patent law as one of their main concerns. The larger movement for making the Code effective on a statutory basis had begun in 1947.



With the passage of the 1952 Patent Act, American patent law was placed in the larger framework of the United States Code. The specific portion of the United States Code dealing with patent law is Title 35. The Code has 50 different "Titles" or sections, each addressed to a different subject for federal law. Despite being present in the Code, a Title cannot be assumed to be in positive or statutory effect. 



At present Congress has not fully implemented the United States, in which only twenty-three Titles are currently effective as sources for law. After 1975, the United States Code has existed under the institutional guidance of the Office of Law Revision Counsel, which operates out of the House.



The United States Code refers specifically to federal legislation and excludes state and local laws, as well as federal court decisions and the regulations of federal agencies. The latter are offered instead in the Code of Federal Regulations (C.F.R.). The Federal Register contains new regulations and those pending approval. The initial Revised Statutes are still relevant to certain sections of the Code, in particular those which have yet to be implemented on a statutory basis. Contact patent lawyers to review your case.