Obtaining a patent is a significant achievement, but the grant is not the end of the process. In the United States, most utility patents remain in force for their full term only if the owner pays maintenance fees to the United States Patent and Trademark Office (USPTO) at set intervals after grant. A missed payment can cause a valuable patent to expire years early, so every patent owner should understand how the schedule works.
What patent maintenance fees are
Maintenance fees are periodic payments that keep an issued utility patent in force. Under 37 CFR 1.362, described in MPEP 2504, maintenance fees are required for patents based on applications filed on or after December 12, 1980, to keep the patent in force beyond 4, 8 and 12 years after the date of grant. If a fee is not paid, the patent expires at the end of the applicable grace period.
The USPTO's Maintain your patent page is the official starting point for checking status and paying fees.
Which patents require maintenance fees
- Utility patents require maintenance fees.
- Design patents do not. Our article What Is a Design Patent? explains how design protection differs.
- Plant patents do not.
- Reissue patents follow the maintenance fee schedule of the original utility patent.
A request for reexamination, or the publication of a reexamination certificate, does not change the schedule of payments for the original patent.
When maintenance fees are due
The schedule is measured from the date the patent was granted, not from the filing date. There are three payments, and each has a six-month window in which it can be paid without a surcharge, followed by a six-month grace period in which it can be paid with a surcharge. The timing rules are set out in MPEP 2506.
- First maintenance fee. The window opens 3 years after grant and closes 3 years and 6 months after grant. The grace period then runs through the 4th anniversary of the grant.
- Second maintenance fee. The window runs from 7 years to 7 years and 6 months after grant, with a grace period through the 8th anniversary.
- Third maintenance fee. The window runs from 11 years to 11 years and 6 months after grant, with a grace period through the 12th anniversary.
A fee paid on the last day of a window can be paid without a surcharge. If a deadline falls on a Saturday, Sunday or federal holiday in the District of Columbia, payment may be made on the next business day.
Why you cannot pay early
Maintenance fees cannot be paid before the window opens. As MPEP 2506 explains, the statute allows the fee amounts to be adjusted, so payment is accepted only during the window or grace period. This means owners must track each date rather than paying once at grant.
How much maintenance fees cost
The amount increases with each stage, and the surcharge for paying in the grace period is an additional cost. Reduced fees are available to applicants and owners who qualify for small entity or micro entity status, as described in MPEP 2550. Because amounts are revised from time to time, always confirm the current figures on the official USPTO fee schedule before paying. Our guide How Much Does a Patent Cost? places maintenance fees in the context of the full lifetime budget for a patent.
Entity status at the time of payment
Entity status is not fixed forever. A patent owner that qualified as a small entity at filing may no longer qualify years later, for example after growing beyond the size standard or after licensing or assigning rights to a large company. Status should be reviewed before each maintenance fee is paid, and the correct fee for the owner's current status should be submitted. Paying a reduced fee when the owner no longer qualifies can create problems that are difficult and costly to correct later.
How to pay maintenance fees
Maintenance fees are paid to the USPTO electronically, and the Maintain your patent page links to the official payment options. Anyone may pay the fee on behalf of the patent owner. Before paying, confirm the patent number, the application number and the stage of the fee being paid, and keep the USPTO's payment confirmation with your patent records.
Owners should also be cautious of solicitations that resemble official notices. Private companies sometimes send letters offering to pay maintenance fees for a markup. Payment should go to the USPTO through its official channels or through a trusted patent professional.
Do not rely on reminders
Many owners assume the USPTO will tell them when a fee is due. According to MPEP 2575, the Office has no duty to notify patentees when maintenance fees are due, and the responsibility for ensuring payment rests with the patentee. The USPTO may send courtesy reminders, but errors in those notices, or in their delivery, do not excuse a missed payment.
A good practice is to calendar all three windows and grace periods as soon as the patent issues, assign responsibility to a specific person and keep the correspondence address current. Companies with portfolios commonly use docketing systems for this purpose.
What happens if a maintenance fee is missed
If a fee is not paid by the end of the grace period, the patent expires. Expiration ends the owner's ability to enforce the patent going forward, which can affect licensing and sale opportunities. For more on those options, see How to License Your Patent and How to Sell or Monetize a Patent.
Reinstating an expired patent
An expired patent may sometimes be reinstated. Under 37 CFR 1.378, summarized in MPEP 2590, the USPTO may accept a late maintenance fee if, upon petition, the delay is shown to have been unintentional. The petition must include the maintenance fee, the petition fee and a statement that the delay was unintentional. The USPTO may require more information, and a delay of more than two years after nonpayment requires additional explanation of the facts.
Reinstatement is not automatic, and an accepted petition is subject to the conditions in 35 U.S.C. 41(c)(2), which can protect certain parties who began using the invention while the patent was expired. Acting promptly once a missed payment is discovered is important.
Deciding whether to keep paying
Maintenance fee dates are natural checkpoints for reviewing a patent's value. Before each payment, owners may consider:
- Whether the patented technology is still used in their own products or those of competitors.
- Whether the patent is licensed, or could be licensed or sold.
- Whether the patent supports ongoing business plans, investment or partnerships.
- Whether continuation applications or related patents provide overlapping coverage.
Allowing a patent to lapse is sometimes a reasonable business decision, but it should be a deliberate one rather than the result of a missed date. Once a patent has expired and reinstatement is unavailable, its rights cannot be recovered.
How New England Intellectual Property can help
New England Intellectual Property assists inventors and companies across the United States with patent preparation and prosecution and with evaluating whether patents are worth maintaining, licensing or selling. Learn more about Richard A. Baker, Jr., CLP, or request a free quote to discuss your patent or portfolio.
Frequently asked questions
When are U.S. patent maintenance fees due?
Maintenance fees for a utility patent can be paid without a surcharge from 3 to 3.5 years, 7 to 7.5 years and 11 to 11.5 years after grant. Each window is followed by a six-month grace period in which the fee can still be paid with a surcharge.
Do design patents require maintenance fees?
No. Maintenance fees are not required for design patents or plant patents. They apply to utility patents based on applications filed on or after December 12, 1980.
Will the USPTO remind me when a maintenance fee is due?
The USPTO may send courtesy reminders, but it has no duty to notify patentees, and errors in or nondelivery of reminders do not excuse a late payment. Patent owners should calendar every deadline themselves.
Can an expired patent be revived after a missed maintenance fee?
Possibly. The USPTO may accept a late maintenance fee on petition if the delay was unintentional. The petition requires the maintenance fee, a petition fee and a statement that the delay was unintentional, and reinstatement is subject to statutory conditions.
Related articles
- How to Patent an Idea: A Step-by-Step Guide for Inventors
- How Much Does a Patent Cost in 2026? A Realistic Budget Guide
- Provisional vs. Nonprovisional Patent Applications: Which Should You File?
Learn more about Richard A. Baker, Jr., CLP and our patent services.
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