In the United States, issued utility patents require maintenance fees to remain in force, with a maximum protection period of 20 years from the earliest effective filing date. These fees are not due annually, but in three lump-sum payments at 3.5, 7.5, and 11.5 years after the patent grant date. The fee amount varies significantly based on the applicant's entity status.
Example: For a patent granted on March 15, 2023:
| Payment Due (Years after Grant) | Micro Entity Fee (USD) | Small Entity Fee (USD) | Large Entity Fee (USD) |
|---|---|---|---|
| 3.5 years (1st Maintenance Fee) | $400 | $800 | $1,600 |
| 7.5 years (2nd Maintenance Fee) | $1,050 | $2,100 | $4,200 |
| 11.5 years (3rd Maintenance Fee) | $1,580 | $3,160 | $6,320 |
Total fees to maintain a patent for the full term:
Micro Entity: $3,030 | Small Entity: $6,060 | Large Entity: $12,120
1. Entity Status: Your status must be established when filing the application. Large Entity is the default if no small or micro entity certification is filed.
2. Strict Payment Window: Each fee must be paid within the six-month period preceding the due date. A six-month grace period after the due date is available with a substantial surcharge.
3. Irreversible Lapse: If fees are not paid by the end of the grace period, the patent will irreversibly expire. Reinstatement is generally not possible.
1. Calendar Based on GRANT Date: U.S. deadlines are based on the patent grant/issue date, not the filing date.
2. Establish Status Early: Determine and certify your entity status (Small or Micro) when filing the application to lock in lower fees.
3. Budget for the Surcharge: The late payment surcharge is significant. Treat the initial due date as the real deadline.
4. Use USPTO's Patent Center: This is the most reliable way to view deadlines and make payments.
5. No Maintenance Fees for Designs: U.S. Design Patents have a single term of 15 years and require no maintenance fees.
Disclaimer: The fees listed are based on the USPTO fee schedule effective as of 2025. Fees are subject to change. This information is for guidance only. Always verify the latest official rates and rules on the USPTO website before making any payments.