Enter the day your US patent was granted. See every maintenance fee — the amount, the exact due date, and how much time you have — on one schedule, with the next one due front and center.
A granted utility patent is not paid for once. Three maintenance fees keep it alive, due at 3.5, 7.5, and 11.5 years from the grant date. Each has a six-month window that opens before the due date, with no surcharge, and a six-month grace period after it, with a surcharge added. Miss the end of the grace period and the patent expires.
This trips up a lot of owners. Maintenance fees apply only to utility patents. A design patent stays in force for 15 years from grant, a plant patent for 20 years from filing, and neither one owes a fee along the way. If you hold a design or plant patent, there is nothing due.
The same fee costs three different amounts, depending on your entity size. A small entity pays 60% less than the standard rate; a micro entity pays 80% less. Most inventors and early startups qualify as small or micro. Status can change over the life of the patent, so confirm it before each payment rather than assume it carries over.
The three fees are not equal. The second runs roughly double the first, and the third is steeper still, because the USPTO charges more to keep older, presumably more valuable patents in force. The amounts adjust periodically too. Plan for the increase early, so the 11.5-year fee is not a surprise.
Once the grace period ends without payment, the patent lapses. One narrow path remains: a petition to reinstate under 37 CFR 1.378, filed with a fee and a statement that the delay was unintentional. The USPTO can refuse it, and it costs far more than paying on time would have. Treat every grace-period date as final.
Maintaining a patent costs real money for 12 years. Before you pay the next fee, get an honest read on whether the idea is still defensible and the market is still there.
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