📅 2026 Update: Recent Developments in U.S. Patent Law

Since the original article was published, there have been important updates in U.S. patent law that affect inventors and applicants. These changes include new guidance on inventorship, updated fee structures, and revisions to patent application processes. The information presented in the earlier article continues below, offering foundational context on international patents.

🤖 Revised Inventorship Guidance for AI-Assisted Inventions

On November 26, 2025, the USPTO clarified that only natural persons can be named as inventors on patent applications. This change is significant for those using AI systems in their invention process. It emphasizes that AI cannot be recognized as an inventor, even if it plays a role in generating ideas.

💵 Patent Fee Adjustments

Effective January 19, 2025, the USPTO updated its patent fee schedule. This move is designed to support the efficient management of the U.S. patent system. Applicants should be aware of the new fees for filing, searching, examining, and issuing utility patents, which may be higher than previous costs.

📜 Revisions to WIPO Standard ST.26

Starting July 1, 2024, the USPTO aligned its regulations with WIPO's Standard ST.26. This update requires submitting sequence listings in XML format for patent applications involving nucleotide or amino acid sequences. This change aims to streamline the application process and enhance clarity.

📅 Extension of Comment Period on Patent Subject Matter Eligibility

The USPTO extended the comment period for its guidance on patent subject matter eligibility until October 16, 2024. This extension allows stakeholders more time to provide input on topics, including artificial intelligence and its role in patent applications.

📌 Key Points to Remember

  • 🤖 Only natural persons can be named as inventors.
  • 💵 New patent fees took effect on January 19, 2025.
  • 📜 Sequence listings must be submitted in XML format.
  • 📅 The comment period on patent eligibility is extended to October 16, 2024.
  • 📄 Revised guidance aims to clarify patent processes and regulations.

💡 Tips for Navigating Patent Applications

Consider discussing your specific situation with your attorney to understand how these updates may impact you.

📄 Understand the New Fee Structure

Be aware of the updated fees set by the USPTO. These fees can vary based on the type of application and may affect your decision to file a patent. Knowing the costs upfront can help you budget effectively.

🖥️ Utilize Electronic Filing

The USPTO encourages electronic filing through the Patent Center. Since this became mandatory on April 18, 2023, using this method can speed up the application process and ensure you meet all requirements.

📜 Stay Informed on Guidance Updates

Keep track of updates regarding patent eligibility and inventorship. The extended comment period allows you to engage and understand how these changes may influence your application.

⚖️ Maintain Your Patent

Remember that maintenance fees are required to keep utility patents active. These fees are due at 3.5, 7.5, and 11.5 years after issuance, so plan for these costs to maintain your patent rights.

💡 Leverage Free Resources

Take advantage of resources like the USPTO's Inventors Assistance Center. They offer guidance and support, especially for those new to the patent process.

🏆 Services Ranked by User Reviews (2026)

The following services provide assistance related to patents and intellectual property. They are ranked based on Trustpilot data as of October 2026. Ratings may vary over time, and while star ratings are helpful, they reflect only part of customer experiences, as unhappy customers often leave more reviews.

🥇 1. LegalZoom

LegalZoom has been rated 4.6. This service is known for its offerings in business formation, intellectual property, and estate planning. Users have found its patent services helpful, though some report frustrating delays and scheduling conflicts.

🆓 Free Government or Nonprofit Help

The USPTO offers various resources, including the Inventors Assistance Center (IAC), which aids applicants through the patent process. Additionally, nonprofit organizations provide pro bono legal help for those who may not afford patent services.

🔎 What to Compare When Choosing a Patent Service

  • 📄 Types of services offered
  • 💰 Pricing and fee structures
  • ⏳ Processing times and efficiency
  • 👥 Customer support availability
  • 📝 Reviews and ratings from other users

❓ Frequently Asked Questions

❓ What is the process for filing a patent application?

The patent application process involves several steps, including preparing the application, gathering required forms, and submitting it to the USPTO. It’s crucial to follow the guidelines and ensure all necessary information is included.

📅 How long does it take to get a patent?

The total pendency for a patent application varies based on several factors, including the application type. The time from filing to issuance or abandonment can differ widely.

💵 Are patent filing fees refundable?

No, filing fees are non-refundable, even if a patent is not granted. Be prepared to pay these fees regardless of the outcome of your application.

📑 What forms are required for patent applications?

Applicants must submit specific forms, such as the Patent Application Fee Determination Record (Form SB/06) and the Fee Transmittal (Form SB/17). Ensuring correct forms are included is vital for a successful application.

🤖 Can AI be named as an inventor on a patent?

No, as of November 26, 2025, only natural persons can be named as inventors on patent applications. This policy clarifies the role of AI in the inventing process.

📜 What resources are available for inventors?

The USPTO offers resources like the Inventors Assistance Center, which can help applicants navigate the patent process. Nonprofit organizations also provide pro bono assistance for inventors in need.

⚖️ Recent Court Cases Related to Patents

Recent court rulings have highlighted important issues regarding patent eligibility and inventorship, impacting how patents are processed and enforced.

For further insights, feel free to browse more rulings on the news page.

End of October 2026 Update





At the conclusion of the Patent Cooperation Treaty (PCT), an international patent convention, a specific set of rules and guidelines were established to create a patent application structure for all participating countries. A patent application which is filed at one of the many official patent offices located around the world, is known as an international application or PCT application under PCT establishment. 

A large majority of countries around the world are a part of the PCT, including all major industrialized nations, with the exclusion of Taiwan and Argentina. There are a total of 142 countries patenting international applications around the world.

Patenting an international application is performed in two separate stages in the PCT procedure. The first stage is referred to as the international phase, when a patent is submitted to a patent office in a PCT contracted state. Next, the patent is examined on a national level through separate contracting states of the PCT. The international stage is not a request to have a patent granted, though it cannot be converted into a patent unless it moves onto the national stage.

Understanding International Patents

The PCT Process:



An individual or entity wishing to file an international patenting application must submit it to a Receiving Office. The application is usually referred to as just a "PCT application" because an international patent does not actually exist. To make the process of applying less difficult, the PCT application only needs to be compiled in one language. Receiving Offices require that at least one of the applicants be a resident of a PCT-contracted nation. 

Once it has been decided that the application has been filed under correct PCT guidelines, an international search can then be conducted by an authorized International Searching Authority (ISA). The goal is to find similar art documents of the claimed subject matter found in the application. 

An International Search Report is then issued to deem the patentability of the PCT application. The purpose of this international search report is to help an individual or entity decide if it is worth perusing a patenting an article nationally and/or deciding how many countries an article should be patented in.

Finally, the national stage may begin in the PCT application process after 30 months from filing the international application if a priority claim is granted. This process may be started earlier than 30 months if an express request is given by the applicant of the patenting article. This stage is set to a certain time limit and if it is not completed within that limit, the international application will cease to have an effect on the national level.

European Patent Process:



The European patent process was created at the conclusion of the Convention on the Grant of European Patents (also known as European Patent Convention) on October 5, 1973. This convention established the European Patent Organisation and established a process for which European patenting can be completed and granted. 

Under this convention, European patents are granted for inventions in all fields of technology which are new, provide a large leap in innovation and are susceptible of industrial application. A European patent is not granted to scientific discoveries, mathematical discoveries, computer software, or aesthetic creations because they are not considered to be inventions.

European patents are centralized in the European Patent Office where a patent written in one language may be submitted at its headquarters in Munich. Several of the European Patent Office branches can also be used, located in Hague and Berlin. The "prosecution phase" is the examination process for European patent approval. During this process, the invention in question is searched and examined to meet the requirements outlined by the European Patent Convention. 

The applicant also specifies the contracting country desired to be given protection in. Once approved, a patent is established as a group of national patents within each contracting country for which it was approved in. To avoid a loss of patent rights, the European patent may require translation in each language of the approved states, along with applicable fees. Like patents within the U.S., approved by the United States Patent and Trademark Office (USPTO), a European patent lasts and is enforceable for a period of twenty years from the filing date.