As 2025 comes to a close, several important developments in U.S. intellectual property law are setting the stage for a transformative year ahead. From legislative reforms in patents to procedural updates in trademarks, businesses are entering 2026 with new opportunities—and responsibilities—to strengthen their intellectual property portfolios.
At Fargo Patent & Business Law, we believe preparation is the key to protection. Whether you manage your IP through in-house counsel or leverage fractional in-house legal counsel, understanding these updates now will help you stay ahead of the curve in the year ahead.
1. Potential Patent Reform: Setting the Foundation for 2026
One of the biggest storylines this year has been Congress’s renewed focus on modernizing the U.S. patent system. Several proposed bills—most notably the Patent Eligibility Restoration Act (PERA), the PREVAIL Act, and the RESTORE Patent Rights Act—may redefine what qualifies as patentable and how patents are enforced.
The Patent Eligibility Restoration Act (PERA) aims to clarify what kinds of inventions can receive patent protection, providing much-needed certainty for innovators in fields like biotechnology, software, and AI. Meanwhile, the PREVAIL Act and RESTORE Patent Rights Act seek to strengthen patent enforceability by reducing duplicative challenges and reaffirming the presumption of validity for issued patents.
As these proposals continue to move through Congress, inventors and businesses should revisit their patent strategies. New USPTO Director, John Squires, also recently indicated the USPTO was committed to granting patents on “applied technologies,” which have been “too often dismissed as ‘mere business methods’ or ‘ineligible diagnostic practices.’”
These potential changes may open new opportunities for protection in industries that previously faced uncertainty.
For companies using fractional in-house legal counsel, it’s a good time to schedule an end-of-year IP review—aligning your filings, enforcement strategy, and R&D documentation with the anticipated reforms.
2. PTAB and AIA Trial Updates: More Predictable Procedures Ahead
The Patent Trial and Appeal Board (PTAB), which oversees post-grant challenges such as inter partes review (IPR) and post-grant review (PGR), has issued new procedural guidance this fall that will shape how disputes unfold in 2026.
The USPTO’s October memorandum, “Director Institution of AIA Trial Proceedings,” outlines clearer standards for when and how PTAB trials are instituted. These updates are intended to curb repetitive challenges and improve fairness for patent owners—especially small and mid-sized companies that face resource constraints.
Heading into 2026, these changes will make patent litigation more predictable and balanced. For organizations managing complex portfolios’s critical to coordinate defense strategies and ensure that your patents are drafted and structured to withstand future scrutiny. Fractional in-house legal counsel provides a proactive approach to do just that.
3. AI, Inventorship, and the Expanding Definition of Innovation
Artificial intelligence continues to challenge the boundaries of intellectual property law. While 2025 saw the USPTO reaffirm that only humans can be listed as inventors, pressure is building for new guidance to reflect the realities of AI-assisted invention.
Heading into 2026, businesses using AI in research and product design must clearly document the human contribution behind each innovation. Proper recordkeeping will be essential to preserving patent eligibility and avoiding inventorship disputes.
At Fargo Patent & Business Law, we’re helping companies implement internal procedures to clarify ownership and contribution. For those working with fractional in-house legal counsel, this is an ideal time to update employee agreements, inventor declarations, and IP policies to reflect the growing role of AI in product development.
AI’s impact also extends to branding. As AI-generated logos, taglines, and visual designs become more common, trademark ownership and authorship questions will continue to evolve—making proactive legal structure even more important.
4. Trademarks: Strengthening Brand Protection for the Digital Age
As we look toward 2026, trademarks remain a crucial focus for companies seeking to secure brand equity across both physical and digital platforms.
The USTR’s 2025 Special 301 Report highlights ongoing international collaboration to strengthen trademark enforcement and curb counterfeiting in global markets. For U.S. businesses expanding abroad, this means ensuring that domestic filings are paired with foreign registrations where needed.
Domestically, the USPTO continues to enhance its audit programs and electronic systems, promoting accuracy and accountability in trademark registration. This ensures that marks listed on the federal register reflect genuine, active use—giving businesses greater confidence in clearance searches and enforcement actions.
Digital commerce is also reshaping how trademarks are defined. As companies expand into online products, digital goods, and AI-generated branding, their filings must cover these emerging categories. In 2026, businesses should expect greater scrutiny around digital trademarks and use-in-commerce requirements.
For firms working with fractional in-house legal counsel, annual portfolio audits are the most effective way to identify gaps, track renewals, and ensure coverage keeps pace with innovation.
5. Global IP Strategy: Integrating Patents and Trademarks Across Borders
Globalization continues to influence U.S. IP strategy, especially for companies manufacturing or distributing abroad. The 2025 USTR report reinforces that international enforcement remains uneven, with certain regions still presenting elevated counterfeiting and infringement risks.
Heading into 2026, U.S. businesses should evaluate their IP portfolios with an international mindset. Aligning U.S. patents and trademarks with international filings—under treaties like the Patent Cooperation Treaty (PCT) or Madrid Protocol—will be essential for safeguarding global market opportunities.
At Fargo Patent & Business Law, we frequently collaborate with international associates to ensure our clients’ rights are protected beyond U.S. borders. For companies using fractional in-house legal counsel, integrating cross-border coordination into your annual IP planning is a smart way to mitigate risk before expansion.
6. Action Steps for Businesses as 2025 Ends
With multiple reforms on the horizon, this is an ideal time to take a proactive approach to intellectual property strategy. Here are key steps to consider before 2026 begins:
a) Reevaluate Patent Portfolios
Review any inventions previously deemed ineligible for patent protection—legislative changes may soon alter that status. Identify your most valuable assets and confirm that patent claims align.
b) Prioritize Stronger Drafting and Documentation
A well-drafted patent is your best defense against invalidation. Ensure your applications include detailed specifications, robust claims, and supporting documentation. Fractional in-house legal counsel can play a pivotal role in managing this review efficiently.
c) Audit Trademark Assets
Conduct a year-end trademark audit to verify renewals, usage evidence, and consistency across branding platforms. If your company expanded products or digital offerings this year, confirm that those are properly registered under updated classes.
d) Address AI-Related Ownership Issues
If your business used AI to assist in R&D, marketing, or product design, clarify human authorship and ownership now. Doing so prevents disputes and preserves eligibility for both patents and trademarks.
e) Integrate IP into Business Strategy
Heading into 2026, IP should be viewed as a central business function, not a legal afterthought. Align your patent and trademark planning with your overall growth, funding, and marketing goals.
f) Prepare for Enforcement
With potential changes to patent validity standards and stronger procedural protections, it’s time to prepare for more confident enforcement in 2026. Identify your highest-value IP assets and establish a strategy for responding to infringement or challenges.
7. What to Expect in 2026
Looking ahead, several trends will continue to shape intellectual property law into 2026 and beyond:
- Expanded Patent Eligibility: Pending reforms may open new categories for protection in software, biotechnology, and AI-assisted inventions.
- More Balanced PTAB Proceedings: Recent USPTO guidance should lead to fairer, more predictable patent challenges.
- Heightened Focus on AI Authorship: Expect clearer policies and potentially new USPTO rules defining the limits of AI involvement.
- Global IP Alignment: International trade policy will continue emphasizing consistent enforcement and protection standards.
For innovators, 2026 promises to be a pivotal year—one where strategic foresight will distinguish those who simply react from those who lead.
8. Key Takeaways
- Patents First: Legislative reform efforts and procedural updates are shifting the patent landscape toward greater clarity and protection.
- Trademarks Are Expanding Digitally: Businesses must ensure their filings cover both physical and digital goods.
- Fractional In-House Legal Counsel Is a Strategic Advantage: Scalable expertise allows businesses to adapt quickly to evolving IP laws.
- Global Coordination Is Crucial: Protecting your innovations abroad is now just as important as securing them at home.
9. Conclusion
As we move into 2026, the U.S. intellectual property landscape is poised for its most significant evolution in years. Potential legislative reforms, AI advancements, and international enforcement efforts are reshaping how businesses protect their ideas and brands.
At Fargo Patent & Business Law, we help companies navigate these changes with confidence—whether you’re filing your first patent, expanding a trademark portfolio, or managing legal operations through fractional in-house legal counsel.
The year ahead offers both challenges and opportunity. By acting now, you can enter 2026 with an IP strategy that’s forward-thinking, defensible, and designed for growth.