📅 2026 Update: Key Changes in US Patent Law

Since the original article was written, there have been important updates in U.S. patent law that affect what can be patented and how the patent application process works. These changes include new guidelines for AI-assisted inventions and updates to patent fees. The earlier article continues further down the page.

🤖 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 applies even if an AI system helped in the invention process. This change ensures that legal accountability remains with human inventors.

💸 Patent Fee Adjustments

Starting January 19, 2025, the USPTO updated patent fees to enhance the efficiency of the patent system. The basic filing fee for a utility patent is now $350 for paper applications and $70 for electronic filings by small entities. An additional $400 fee applies for non-electronic filings.

📜 Adoption of WIPO Standard ST.26

As of July 1, 2024, the USPTO aligned its regulations with the WIPO Standard ST.26. This requires that sequence listings in patent applications containing nucleotide and amino acid sequences be submitted in XML format. This change aims to standardize submissions across international borders.

🔍 Subject Matter Eligibility Guidance Update

On July 16, 2024, the USPTO issued updated guidance on patent subject matter eligibility. This includes examples specifically related to artificial intelligence inventions. This update helps applicants better understand what qualifies for patent protection under 35 U.S.C. § 101.

📅 Clarity in Claims

On March 18, 2024, the USPTO emphasized the need for clarity in means-plus-function and step-plus-function claims. This guidance aims to improve the examination process by ensuring that patent records are clear and understandable.

📌 Key Points to Remember

  • 🤖 Only natural persons can be inventors, even with AI assistance.
  • 💸 Patent filing fees have changed, with specific costs for different methods.
  • 📜 Sequence listings must now be submitted in XML format.
  • 🔍 Updated guidelines help clarify eligibility for AI-related inventions.
  • 📅 The USPTO promotes clarity in patent claims for better understanding.

💡 Tips for Navigating Patent Law

Review the details of your situation with an attorney to ensure compliance with current patent laws.

📑 Understand the Filing Fees

Filing fees for utility patents vary based on how you file. Electronic filings are cheaper, at $70, while paper filings cost $350. Knowing these costs helps you budget for the patent application process.

🗓️ Keep Track of Maintenance Fees

Utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after the patent is granted. Remembering these deadlines is essential to keep your patent active.

💻 Use the Electronic Filing System

The USPTO’s Patent Center is the main platform for filing patent applications electronically. This system is user-friendly and helps manage your application efficiently.

🔄 Stay Updated on AI Guidance

With the updated guidance for AI-assisted inventions, it’s important to stay informed. Make sure your application aligns with the latest rules regarding eligibility and inventorship.

📚 Explore USPTO Resources

The USPTO provides many resources, including guides and tutorials, to help you understand the patent process. Take advantage of these free materials to improve your knowledge.

🏆 Free Options Ranked by User Reviews (2026)

No national paid service met the review threshold for patent assistance, so this section focuses on free government and nonprofit resources available to inventors.

🥇 1. USPTO Resources

The USPTO offers various resources, including guides and tutorials, to help inventors understand the patent process. These materials are designed to assist independent inventors and small businesses in navigating the complexities of patent law.

🥈 2. Pro Bono Programs

The USPTO partners with nonprofit organizations to provide pro bono legal assistance to independent inventors and small businesses. This help is especially valuable for those who cannot afford legal representation but need support in securing their patents.

🥉 3. Patent Maintenance Fee Storefront

The Patent Maintenance Fee Storefront allows users to check maintenance fee payment information and pay fees online. This tool helps patent holders manage their patents more effectively.

4️⃣ Financial Manager

The Financial Manager is an online system that helps users manage payment methods and track financial transactions related to patent applications. It provides a convenient way to oversee your patent-related financial activities.

5️⃣ Manual of Patent Examining Procedure (MPEP)

The MPEP offers detailed guidance on patent examination procedures. It is regularly updated to reflect current practices and laws, making it a crucial resource for applicants.

🔎 Things to Check Before Paying for Help

  • 💰 Understand the costs involved in the patent application process.
  • 📄 Review what services are included in any offered packages.
  • 🕒 Confirm the timelines for application processing and support.
  • 🔍 Investigate the qualifications of anyone providing assistance.
  • 📝 Ensure there are clear terms regarding refunds and guarantees.

❓ Frequently Asked Questions

❓ What is the current basic filing fee for a utility patent?

The basic filing fee for a utility patent application is $350 for paper filings and $70 for electronic filings by small entities.

🤔 What are the maintenance fee deadlines for utility patents?

Maintenance fees for utility patents are due at 3.5, 7.5, and 11.5 years after the patent grant.

🧑‍⚖️ Can AI be named as an inventor on a patent application?

No, only natural persons can be named as inventors on patent applications, even if AI systems contributed to the invention.

📅 What are means-plus-function claims?

Means-plus-function claims are a type of patent claim that describes an invention by its function rather than its structure. The USPTO has emphasized the need for clarity in these claims.

🔄 How have patent fees changed recently?

The USPTO updated its patent fees on January 19, 2025, to support the efficient administration of the patent system.

📜 Where can I find guidance on patent eligibility for AI inventions?

The USPTO has issued updated guidance to help determine the eligibility of AI-related inventions under 35 U.S.C. § 101. This guidance includes specific examples and clarifications.

⚖️ Recent Cases Related to Patent Law

Recent court rulings have clarified various aspects of patent law, particularly regarding AI-assisted inventions and patent eligibility. These rulings can impact how inventors approach the patent application process.

For more information, browse more rulings on the news page.

End of October 2026 Update





Article 35 of the United States Code contains the federal statutes which govern the rules and procedures applying to patent law.

The usefulness generally inherent in the definition of patentability can be understood in two senses, though they are related to each other. The first is that the device or process for which patenting is sought is aimed at some kind of rational and allowable end. A patent is primarily understood as a significantly original means for arriving at a rational end. 

The second is that the patent possess the demonstrable ability to arrive at that end, or that it be operative. This requirement might be most easily tested through the application of common sense, and more rigorously with regard to the specific conception of the patent's functioning.

Usefulness

The patentability requirement for successful performance of a useful function is only present in, and for that matter is inherent in, the specific category of patent law addressed to so-called utility patentsplant patents