Patent Maintenance Fees

Understanding Patent Maintenance Fees

U.S. utility patents require three maintenance fee payments to remain in force for the full 20-year term. Miss a payment and your patent expires, entering the public domain.

When Are Maintenance Fees Due?

Maintenance fees are due at three intervals after your patent issues:

• 3.5 years after the issue date
• 7.5 years after the issue date
• 11.5 years after the issue date

Each payment has a 6-month window before the due date when you can pay without surcharge. You cannot pay earlier than this window.

Payment Windows and Grace Periods

For each maintenance fee, there are three important dates:

1. Window opens: 6 months before the due date. You can pay without surcharge starting on this date.
2. Due date: The 3.5, 7.5, or 11.5 year anniversary of your patent issue date. Last day to pay without surcharge.
3. Grace period ends: 6 months after the due date. Last day to pay with the late surcharge before the patent expires.

If the due date or grace period end date falls on a weekend or federal holiday, payment is accepted on the next business day.

2025 Fee Amounts

The USPTO increased maintenance fees by approximately 7.5% effective January 19, 2025. Current fees depend on your entity size:

Entity Size Qualifications

Large Entity: Any entity that does not qualify as a small or micro entity.

Small Entity (60% discount):

• An individual inventor
• A small business with fewer than 500 employees (including affiliates)
• A nonprofit organization
• Must not have assigned, granted, or licensed rights to a large entity

Micro Entity (80% discount):

• Qualifies as a small entity
• Named as inventor on 4 or fewer previously filed patent applications
• Gross income below $212,352 (2023 threshold, adjusts annually)
• Has not assigned rights to an entity exceeding the income limit

What Happens If You Miss a Payment?

If you miss the due date, you have a 6-month grace period to pay with a surcharge. The surcharge is $540 for large entities, $216 for small entities, and $108 for micro entities.

If you miss the grace period, your patent expires and enters the public domain. Anyone can then make, use, sell, or import your invention without permission.

Can an Expired Patent Be Revived?

Yes, but it requires filing a petition with the USPTO. There are two paths:

• Unintentional delay: Petition fee of $2,100 (large entity) plus the missed maintenance fee and surcharge
• Unavoidable delay: Lower petition fee of $1,700 (large entity), but you must prove the delay was unavoidable despite reasonable care

Revival is not guaranteed, and third parties who began using the invention during the lapse may have intervening rights to continue.

Which Patents Require Maintenance Fees?

Only U.S. utility patents require maintenance fees. These include patents for:

• Machines and devices
• Processes and methods
• Compositions of matter
• Improvements to existing inventions

Design patents and plant patents do not require maintenance fees. They remain in force for their full term (15 years for design patents, 20 years for plant patents) without additional payments.

Tips for Managing Maintenance Fees

1. Set calendar reminders: Create alerts 7 months before each due date to catch the payment window opening
2. Pay early in the window: Do not wait until the last day. Give yourself time to resolve any issues
3. Verify entity status: Confirm you still qualify for small or micro entity status before each payment
4. Use USPTO Patent Center: Pay online at patentcenter.uspto.gov for fastest processing
5. Keep records: Save confirmation receipts for all maintenance fee payments