Technological change, sustainability priorities and the rapid expansion of AI is reshaping the global economy and with it, the intellectual property (IP) landscape. #
Our patent, trade mark and design attorneys have distilled their thoughts on what IP professionals, business leaders and innovators should prepare for in 2026.
2025 IP year-in-review: AI’s ripples become waves #
AI reshapes creation and protection #
The proliferation of generative AI tools has changed the way people create and innovate. Throughout the year, debates intensified over how we conceive of ownership, how we protect AI-assisted creations and how AI models are trained on copyrighted material.
Many governments also scrambled to introduce legal adjustments to patent and copyright frameworks. The European Patent Office (EPO) further refined the Guidelines for Examinations regarding AI and ML-based inventions and in November, the USPTO issued revised guidance on inventorship for AI-assisted inventions.
There was also the launch of MyEPO services, an AI-powered legal search tool by the EPO.
Filing activity surges #
WIPO’s World Intellectual Property Indicators 2025 report showed that innovators and designers had been as busy as ever in 2024.
Possibly spurred on by the widespread accessibility of generative AI tools, applications for intellectual property rights reached an all-time record: patent filings grew by 4.9%, design filings by 2.2% and trade mark filings continued their recovery by remaining essentially flat at -0.1%.
Industries embrace software-driven sustainability #
Drilling deeper reveals a number of industry-specific IP trends and developments – too many to list exhaustively. However, computer technology and energy-related applications (for example, solar, wind, geothermal, hydro energy and battery technology) were clear themes which shaped IP.
Automotive was a bellwether sector in this regard: IP activity centred on electrification, software-defined systems, e-fuel technologies and next-generation safety intelligence solutions.
In the fast fashion industry, software-based innovations aimed at reducing environmental burden drove a surge, with IP activity focused on AI-enabled textile sorting, advanced imaging systems and robotics-driven recycling.
Other sectors followed a different arc. In the blockchain industry, patenting cooled in 2025 as the technology settled into maturity, but activity that links blockchain with quantum innovation gathered momentum.
Key trends and developments in intellectual property for 2026 #
Expect to see AI’s inexorable march continue to shape the IP landscape, both in terms of application volumes and complex legislative questions, with IP protection becoming more accessible to startups and SMEs.
AI innovation acceleration (but compliance may harden) #
The growth in AI-enabled innovations shows no sign of slowing down. It is to be expected that filings for AI, machine learning and automation-driven products, tools and platforms will continue across all sectors.
This amplifies the long-running debate over what constitutes a ‘human traceable’ invention. This will have legislative ramifications: as lines between innovation by AI and innovation by human blur, we should brace for new case law or policy aiming to address whether an invention should be treated as assisted or autonomous.
Jurisdictions may start to consider or refine their human contribution tests for patentability and frameworks to allocate ownership. Additionally, we may see a greater expectation for rigorous disclosure of training data.
Accessible IP protection for small brands #
Regular news coverage around high-profile IP disputes has fuelled a growing overall awareness of patents, trade marks and designs.
Recent IP awareness findings published by the UK government show that 79% of UK SMEs say they are familiar with the concept of intellectual property.
This growing IP literacy is coupled with the availability of institutional support and additional focus from the European Patent Office and national Intellectual Property Offices. The UKIPO’s recently-launched IP Advance scheme is one recent example of how SMEs are now being equipped to identify and commercialise their intellectual property.
With clear, straightforward guidance on how to seek protection, the path is smoothed for innovators, startups and SMEs to get an IP portfolio off the ground.
Sustainability driving innovation #
With climate obligations growing, filings for green technologies surged across many industries, notably in automotive and fast fashion.
This momentum should continue in 2026 as innovators attempt to secure protection for climate-positive, emission-reducing technologies.
This is particularly true across chemistry, materials and packaging, where biodegradable polymers, low-carbon processes and recyclable composites are attracting attention.
The year of the IP audit and ‘pruning’ #
A record-setting year for patent, trade mark and design activity filings will no doubt prompt a moment of introspection for many IP professionals in 2026: does our existing IP portfolio still represent who we are and where we want to go?
Expect to see IP auditing to become a top priority as part of a wider re-evaluation of strategy and portfolio management, particularly for global brands.
This may reveal opportunities for updating and reinforcing protection, but also to address portfolio ‘bloat’. Can IP portfolios be made leaner by eliminating costly, low-value filings?
The need for regulatory localisation #
As jurisdictions race to keep up with the challenges posed by AI, data and digital content, we may see a divergence in national standards through 2026.
Divergent guidance and regulations will make the road to securing international protection slightly more complex. IP professionals will need to consider how they will navigate a more fragmented legislative landscape to secure exclusivity for inventions and technologies.
Against this backdrop, regulatory localisation (where strategies are tailored to the specific requirements of each market) may require more attention. This could necessitate a dedicated localisation resource in some larger IP departments.
Navigate the evolving IP landscape in 2026 with Murgitroyd #
Our global team of patent, trade mark and design attorneys combine the commercial, technical and legal expertise you need to succeed in 2026 and beyond.
Secure your competitive advantage and futureproof your brand’s IP strategy for many years ahead: talk to us today.
