"My 2026 IP dream? A patent system that stops feeling like an obstacle course designed by Kafka."
— John Rogitz, Rogitz & Associates
In its latest roundup, IPWatchdog, Inc asked practitioners to share their "wildest IP dreams" for 2026. https://is.gd/gFlr54. Echoing daily frustrations, themes include ending §101 eligibility debates, achieving predictable PTAB outcomes, treating AI as an enabling tool rather than a minefield, and urging Congress to lead via bills like PERA and PREVAIL.
Building on the theme, here are a few more bold predictions for patents and AI in 2026:
Full Integration of AI in USPTO Examination
Following positive feedback from the ASAP! pilot ending in April, the USPTO will mandate AI-assisted prior art searches for examination by mid-2026, reducing time to initial Office actions and average examination time, and clearing backlogs in high-volume tech classes. Built-in human review safeguards will aim to maintain quality, and the procedures will boost innovative U.S. patent grants—helping maintain U.S. leadership in high-impact innovations amid surging international filings in the USPTO from competitors like China.
Legislative Clarifications on §101 for AI Inventions
Congress, spurred by executive leadership and industry lobbying, will pass amendments to §101 by late 2026 (perhaps in the lame-duck congressional session), deeming to be patent eligible AI-implemented innovations that provide "technological improvements" to AI functionality (e.g., increased efficiency)—or integrate AI functionality into practical applications with measurable improvements in a particular field (e.g., via factual evidence of improvement based on Berkheimer standards). This could resolve lingering uncertainties from Alice/Mayo precedents, increasing allowed AI claims while preventing overly broad monopolies, and positioning the U.S. as a more attractive venue for AI IP compared to stricter regimes elsewhere like in the EU.
Prior Art Enablement
A Supreme Court ruling in Agilent Technologies, Inc. v. Synthego Corp. (No. 25-570) in 2026—which could revamp the presumption of enablement for prior art publications by carving out exceptions for prophetic/AI-like disclosures, requiring evidence of functionality—will prompt the USPTO to reduce the disruptive impact of AI-generated prior art during examination and in invalidity challenges. The USPTO will issue formal rules later in the year mandating scrutiny of AI-generated prior art for enablement during examinations, including guidance for expert declarations to remove non-enabling prior art publications and treating prophetic/AI-like outputs as non-qualifying if lacking human-verified data. These changes could encourage more patent filings in AI-heavy fields like software and biotech, aligning with Executive Order 14179's push for AI-enabled innovation with fewer barriers.
What's your boldest IP prediction for 2026? Share below! 🚀