Patent Maintenance Fees — Keep Your Patent in Force
Securing a patent is a significant milestone, but it is not the end of the road. To keep a US utility patent in force for its full 20-year term, you must pay maintenance fees to the USPTO at three specific intervals after the grant date. Miss a payment, and your patent can expire years early — potentially handing your competitive advantage to anyone who wants to copy your invention.
This guide covers the maintenance fee schedule, amounts, entity size discounts, deadlines, and what to do if you miss one.
The Maintenance Fee Schedule
The USPTO requires maintenance fee payments at three intervals after the grant date of a utility patent:
- 3.5 years after grant (due between years 3 and 3.5)
- 7.5 years after grant (due between years 7 and 7.5)
- 11.5 years after grant (due between years 11 and 11.5)
Each payment has a window during which you can pay without a surcharge, and a grace period during which you can still pay but must include a surcharge. Miss both, and the patent expires.
Payment Windows
Each maintenance fee can be paid during a six-month window before the due date, without a surcharge:
| Fee | Payment Window (no surcharge) |
|---|---|
| 1st maintenance fee | 3 years to 3 years, 6 months after grant |
| 2nd maintenance fee | 7 years to 7 years, 6 months after grant |
| 3rd maintenance fee | 11 years to 11 years, 6 months after grant |
Grace Periods
If you miss the regular payment window, you have an additional six-month grace period during which you can pay the maintenance fee plus a surcharge:
| Fee | Grace Period (with surcharge) |
|---|---|
| 1st maintenance fee | 3 years, 6 months to 4 years after grant |
| 2nd maintenance fee | 7 years, 6 months to 8 years after grant |
| 3rd maintenance fee | 11 years, 6 months to 12 years after grant |
Fee Amounts by Entity Size
Maintenance fees vary significantly depending on your entity status. As of 2026, the approximate amounts are:
| Maintenance Fee | Micro Entity | Small Entity | Large Entity |
|---|---|---|---|
| 3.5-year fee | ~$400 | ~$800 | ~$1,600 |
| 7.5-year fee | ~$900 | ~$1,800 | ~$3,600 |
| 11.5-year fee | ~$1,850 | ~$3,700 | ~$7,400 |
| Total | ~$3,150 | ~$6,300 | ~$12,600 |
The surcharge for late payment during the grace period adds approximately 160 (small), or $320 (large) to each fee.
Entity Size Qualifications
- Micro entity: Fewer than 500 employees, named on no more than four prior US patent applications, gross income under approximately $225,000 (three times median household income)
- Small entity: Fewer than 500 employees (individuals, small businesses, and nonprofits)
- Large entity: Everyone else
If your entity status changes over the life of the patent — for example, if your small business is acquired by a large corporation — your maintenance fee entity status changes accordingly. You must pay fees at the correct entity level for your status at the time of payment.
For a full breakdown of all patent costs including filing and prosecution, see our patent cost guide.
Why Maintenance Fees Exist
The maintenance fee system serves a policy purpose: it ensures that only patents that are still commercially valuable remain in force. The increasing fee structure — the 11.5-year fee is more than four times the 3.5-year fee — reflects the fact that older patents have had more time to generate value and that their continued enforcement has a larger impact on public access to technology.
From the inventor’s perspective, maintenance fees are the cost of keeping your competitive exclusivity. If the patent is still protecting valuable technology, the fees are a bargain compared to the cost of losing that protection. If the technology has become obsolete or the market has moved on, letting the patent expire by not paying the maintenance fee is a rational business decision.
Consequences of Missing a Maintenance Fee
Patent Expiration
If you fail to pay a maintenance fee within both the regular payment window and the six-month grace period, your patent expires. Once expired, the invention enters the public domain, and anyone can make, use, or sell it without your permission.
Loss of Revenue
If you are licensing your patent, expiration terminates your ability to collect future royalties. Licensees are no longer obligated to pay for the use of expired patent rights.
Competitive Impact
Competitors who were previously deterred by your patent are free to copy your technology once the patent expires. If your product’s market position depends on patent exclusivity, early expiration can be devastating.
Unintentional Expiration Is More Common Than You Think
Patent owners miss maintenance fee deadlines more often than you might expect. Changes of address, personnel turnover, law firm transitions, and simple calendar errors all contribute. The USPTO does not send reminders (though some private services do). The responsibility is entirely on the patent owner.
Petition to Revive an Expired Patent
If your patent expires due to a missed maintenance fee, it may be possible to revive it through a petition to the USPTO. There are two types of petitions:
Unintentional Delay Petition
If the delay in payment was unintentional, you can file a petition to revive under 37 CFR 1.378(b). This requires:
- Payment of the maintenance fee
- Payment of the surcharge
- Payment of the petition fee (approximately 2,100 depending on entity size as of 2026)
- A statement that the delay was unintentional
The USPTO generally grants unintentional delay petitions, but there are limits. The longer the delay, the more scrutiny the petition receives. And during the period between expiration and revival, the patent was not in force — anyone who began using the technology during that gap may have intervening rights that limit your ability to enforce the patent against them.
Intervening Rights
Even if a patent is successfully revived, anyone who began making, using, or selling the invention during the period of expiration may have intervening rights under 35 USC 41(c)(2). This means they can continue their activities to some extent, even after the patent is revived. This is a significant risk — revival does not fully undo the damage of expiration.
Design Patents: No Maintenance Fees
One advantage of design patents is that they do not require maintenance fees. Once granted, a design patent remains in force for 15 years from the grant date with no additional payments. If maintenance fee management is a concern, this is another reason to consider design patent protection where appropriate. See our comparison guide on Design Patent vs. Utility Patent.
Best Practices for Maintenance Fee Management
Set Multiple Reminders
Do not rely on a single calendar entry. Set reminders at:
- 12 months before each payment window opens
- When the payment window opens (6 months before due date)
- 3 months before the due date
- 1 month before the due date
- When the grace period begins (if you have not paid yet)
Use a Docketing System
If you have multiple patents, use a formal docketing system to track all maintenance fee deadlines. Patent management software and services are available for portfolios of any size.
Keep Your Contact Information Current
The USPTO sends correspondence to the address on file. If your address changes, update it promptly. This applies to both the correspondence address on the patent and any registered attorney address.
Work with Your Patent Attorney
Many patent attorneys track maintenance fee deadlines for their clients and send reminders. This is a valuable service, especially for inventors who may not have systems in place to track these dates over an 11.5-year timeframe. Discuss maintenance fee management with your attorney when the patent is granted.
Budget for Maintenance Fees from the Start
When calculating the total cost of patent ownership, include maintenance fees in your budget from day one. The total maintenance fee cost over the life of a patent ranges from approximately 12,600 (large entity). Knowing this upfront allows you to plan accordingly.
Evaluate Each Patent Before Paying
Before paying each maintenance fee, evaluate whether the patent is still worth maintaining. Ask:
- Is the technology still commercially relevant?
- Are competitors still a threat in this space?
- Are you generating revenue from this patent (through product sales or licensing)?
- Is the patent part of a portfolio that has strategic value beyond any individual patent?
If the answer to all of these is “no,” letting the patent expire may be the right business decision. The money you save can be invested in new patent filings that protect current innovations.
Maintenance Fees and Patent Portfolio Strategy
For businesses with multiple patents, maintenance fee management is part of broader portfolio strategy. As a portfolio matures, some patents become more valuable while others become less relevant. Regular portfolio reviews — ideally annually — help you identify:
- Core patents that protect your most important technology and must be maintained
- Strategic patents that may not directly relate to current products but provide defensive value
- Aging patents that cover technology you have moved beyond and can be allowed to expire
This disciplined approach keeps your portfolio focused and your maintenance fee budget under control. With experience managing patents across Computer Science & Software, Oil & Gas, Mechanical Engineering, Agriculture, Medical Devices, Energy, and Robotics & Automation, I help clients make informed decisions about which patents to maintain and which to let go.
Browse our Innovation Showcase to see examples of patents across these technology areas.
Frequently Asked Questions
What happens if I pay the maintenance fee one day late? If the regular six-month payment window has closed, you enter the six-month grace period. You can still pay, but you must include a surcharge. If the grace period has also closed, the patent expires and you must file a petition to revive it.
Does the USPTO send maintenance fee reminders? No. The USPTO does not send reminders for maintenance fees. The responsibility is entirely on the patent owner to track deadlines and make timely payments. Some third-party services offer reminder services for a fee.
Can I pay maintenance fees early? You cannot pay maintenance fees before the payment window opens. The earliest you can pay the first maintenance fee is 3 years after the grant date. The earliest for the second is 7 years, and the third is 11 years.
Do provisional patent applications require maintenance fees? No. Maintenance fees only apply to granted utility patents. Provisional applications expire after 12 months regardless of any fee payment. Design patents and plant patents also do not require maintenance fees.
What if I sold or licensed my patent — who pays the maintenance fees? This depends on the terms of your sale or license agreement. If you assigned (sold) the patent, the new owner is typically responsible. If you licensed it, the license agreement should specify who is responsible for maintenance fees. Make sure this is clearly addressed in any patent transaction.
Disclaimer: All fees and cost estimates on this page are for informational purposes only and do not constitute a binding quote. Actual costs vary based on the complexity of the invention, USPTO fee schedules, exchange rates, and other factors. Contact Shannon Warren for a specific estimate tailored to your situation.
Need help managing your patent maintenance fees? Contact Shannon Warren to discuss patent portfolio management. With extensive patent prosecution experience and a proven portfolio of US patents, I help inventors and businesses keep their most valuable patents in force while making smart decisions about their IP investments.