📅 2026 Update: Changes in Software Patent Law and Intellectual Property

Since the original article was published, there have been several important changes in U.S. patent and copyright laws. These updates reflect the evolving landscape of intellectual property, especially with the rise of new technologies like artificial intelligence and non-fungible tokens (NFTs). The earlier article continues further down the page and provides foundational knowledge about software patents.

📈 New Developments in Patent Law

In March 2026, the U.S. Patent and Trademark Office (USPTO) released an IP Policy Bulletin. This bulletin examines how generative artificial intelligence (AI) affects design patents.

It highlights unique challenges that arise when considering AI in design patent law.

  • 📰 December 2025 Changes: The National Defense Authorization Act for Fiscal Year 2026 introduced amendments to various intellectual property laws. These changes include updates to patent and copyright regulations.

📃 Revised Patent Application Practices

On August 14, 2026, the USPTO revised its practices regarding the information required for delays in patent applications. Now, if there is a delay of more than one year, additional information will be required, reducing the previous threshold from two years.

  • ⏳ Processing Times: Patent processing times can vary based on the complexity of the application. Applicants can check current processing times on the USPTO's website.

💰 Updated Fees for Applications

As of January 19, 2025, the USPTO updated its patent application fee schedule. Fees now vary based on the type of application and whether the applicant is a small or micro entity.

  • 💻 Filing Methods: Patent applications can be filed online using the USPTO's electronic filing system. This system offers detailed instructions and forms for different types of applications.

📌 Key Points on Recent Changes

  • 📅 The USPTO addressed AI's role in design patents in March 2026.
  • 📜 The National Defense Authorization Act amended various IP laws in December 2025.
  • ⏳ Processing times for patents can vary based on application type.
  • 💰 The USPTO updated its fee schedule for patent applications in January 2025.

💡 Practical Tips for Software Patents

Reviewing your specific situation with an attorney is essential for understanding patent laws.

📑 Understand Patent Eligibility

To qualify for a U.S. patent, your invention must be novel, non-obvious, and useful. It should also fit into one of the four statutory categories: process, machine, manufacture, or composition of matter.

📝 File Promptly After Disclosure

Remember that patent applications must be submitted within one year of your invention's first public disclosure. This deadline is crucial to maintain your right to patent in the U.S.

💻 Use Online Filing Systems

Utilize the USPTO's electronic filing system for submitting your patent application. This system simplifies the process and provides necessary guidelines for various application types.

💡 Stay Informed on Fees

Be aware of the updated fees for patent applications as of January 2025. These fees can vary based on the type of application and the size of the entity filing.

🆓 Explore Free Resources

Take advantage of free resources offered by the USPTO. They provide guides, webinars, and a contact center to assist with patent inquiries.

🏆 Services for Patent and Copyright Assistance Ranked by User Reviews (2026)

This section outlines services that can help with patent and copyright registration. These services have been rated by users based on their experiences and are ranked according to Trustpilot data as of October 2026. Ratings can change over time, and it's essential to consider both the scores and the feedback provided by users.

🥇 1. LegalZoom

LegalZoom has been rated 4.6 out of 5 on Trustpilot. It is known for offering business formation services, intellectual property registration, and estate planning. Reviewers point out that while the services are comprehensive, some customers experienced delays and communication issues during their interactions.

🆓 Free Government Help

The USPTO and the U.S. Copyright Office offer free resources for individuals needing assistance with patent and copyright matters. These resources include guides, FAQs, and contact forms to help navigate the application process.

🔎 What to Compare When Choosing a Service

  • 💲 Cost of services and potential discounts for small entities
  • 📅 Processing times for applications
  • 📞 Availability of customer support and resources
  • 📝 Types of applications covered by the services

❓ Frequently Asked Questions

❔ What is a design patent?

A design patent protects the ornamental design of a functional item. It must be new, original, and not obvious to someone skilled in the field.

🕒 How long does a patent last?

A utility patent typically lasts for 20 years from the filing date, while design patents last for 15 years if filed after May 13, 2015.

📄 What is the process for copyright registration?

To register a copyright, you need to submit a completed application form, a nonreturnable copy of the work, and the appropriate fee to the U.S. Copyright Office.

📅 Can I file a patent application online?

Yes, you can file patent applications online through the USPTO's electronic filing system, which provides detailed instructions.

🔍 What are the benefits of registering a copyright?

Registering a copyright provides legal benefits, including the ability to sue for statutory damages and attorney's fees in cases of infringement.

📑 What is the difference between a patent and a copyright?

A patent protects inventions and processes, while copyright protects original works of authorship, such as literary and artistic works.

⚖️ Recent Cases in Patent and Copyright Law

Recent court rulings have clarified various aspects of patent and copyright law, impacting how these laws are applied.

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

End of October 2026 Update





The process of obtaining a software patent is similar to obtaining a patent for any type of unique idea or creation. An individual must create documents that thoroughly detail his/her software. Before applying for software patents, an individual should consult with a patent attorney. Hiring a patent lawyer may be advantageous, as it will help an individual to ensure that all necessary procedures are complete.

The U.S. Patent and Trademark Office (PTO) have established very specific rules and regulations, which must be reviewed. An individual can subsequently complete the proper application forms. He/she will also be required to pay the specified application fee. Once the application is received, the PTO will review an individual's petition for a software patent. It can take many months to a number of years for an individual's application to be approved. If his/her software patent is denied, he/she can choose to appeal this decision. 

Easy Guide to Software Patent