Introduction: What Changed Since 2025
Last year, we wrote about the IP trends shaping 2025. At that point, many businesses were still adapting to rapid change. AI-driven innovation was accelerating, sustainability was driving new patents, digital products were expanding, and companies were focused on filing IP and updating portfolios to keep up.
As we move into 2026, the situation has evolved.
Innovation hasn’t slowed down. Patent filings remain high, competition is intense, and technology fields like AI and computer software continue to grow. What has changed is how businesses think about IP. The focus is shifting from simply protecting ideas to understanding the patent landscape around them.
Based on patent data published in 2024 and reported through 2025 by organisations like WIPO and the EPO, here are four IP trends defining 2026, and what they mean in practice. Together, these trends point to a broader shift from reacting to change to anticipating it.
Trend 1: Patent Activity Remains High, and Harder to Track
One of the clearest signals from recent patent data is that global filing activity is still strong. According to the World Intellectual Property Organization, global patent applications reached record levels in 2024, showing that innovation continues despite economic uncertainty.
At the European level, the European Patent Office reports that patent filings in 2024 remained close to historic highs, with computer technology, including AI-related inventions, the most active technical field.
For businesses, this confirms what many experienced throughout 2025: there are more patents, more applications, and more overlap than ever before.
The challenge for 2026 isn’t filing IP, it’s keeping track of what’s already being filed.
Traditional IP reviews, carried out once or twice a year, struggle to keep up with the volume and pace of new publications. By the time decisions are reviewed, the landscape may already have changed. For many organisations, this means risk no longer comes from failing to protect innovation, but from missing what competitors and adjacent industries are doing in parallel.
Trend 2: Published Patent Applications Are the Earliest Signals
Last year, many companies still focused mainly on granted patents. In 2026, attention is shifting earlier, to published patent applications.
Patent offices publish applications well before any rights are granted. WIPO and the EPO actively use published patent data to analyse emerging technologies and innovation trends, because this data shows where technology is heading, not just where it has already landed.
This matters because:
- Competitive risks often appear before patents are granted
- Technology spaces can become crowded very quickly
- Filing and R&D decisions are made long before enforcement
Waiting for patents to be granted often means reacting too late.
For 2026, early visibility into published applications is becoming one of the most valuable IP advantages. It helps businesses spot emerging competitors, identify risky overlaps, and make better-informed decisions sooner.
Trend 3: AI Innovation Is Established, Scrutiny Is Increasing
In our 2025 blog, we talked about how AI was reshaping innovation and intellectual property. That trend has continued, and the data confirms it. WIPO’s patent landscape reports show sustained growth in AI-related patent activity, making AI one of the core drivers of global innovation.
What’s different in 2026 is the level of scrutiny.
AI is no longer treated as a novelty. As AI-related patents become more common, the risk of overlap, weak claims, and invalidity increases. How inventions are described, positioned, and differentiated matters more than ever, especially in crowded technical fields.
This isn’t just a legal issue. It’s a strategic one.
Businesses now need to understand not only their own AI innovation, but how others are patenting similar technologies across industries. Without visibility into the wider landscape, the risk of conflict or wasted effort grows significantly. As AI patenting matures, understanding the surrounding patent environment becomes just as important as the innovation itself.
Trend 4: IP Data Is Becoming Business Intelligence
In 2025, we saw more businesses reviewing and cleaning up their IP portfolios. This year, that trend continues, but with a broader audience.
Patent data is no longer used only by legal teams. It increasingly informs:
- R&D planning
- Competitive analysis
- Partnership discussions
- Investment and M&A decisions
This mirrors how organisations like WIPO position patent information: not just as legal documentation, but as a source of insight into technology trends and market direction.
The challenge is that patent data ages quickly. Static reports and one-off searches can’t keep up with fast-moving technology areas.
In 2026, IP strategies work best when patent information is current, accessible, and continuously monitored. This allows businesses to move with confidence rather than react under pressure. As a result, patent information is increasingly treated as a live data source rather than a static legal record.
Conclusion: From Protection to Awareness
If 2025 was about adapting to rapid innovation, 2026 is about staying informed in real time.
The most successful businesses won’t necessarily be the ones with the largest patent portfolios. They’ll be the ones that understand the patent landscape best, who’s filing, where activity is increasing, and how technology fields are evolving.
Patent data has always been valuable. In 2026, the difference is how actively it’s used.
By shifting from reactive filing to proactive awareness, businesses can make smarter decisions, reduce risk, and stay ahead in an increasingly crowded innovation landscape. If last year was about building protection, this year is about maintaining visibility.
