Patent Maintenance Fees: What to Expect

Patent Maintenance Fees: What to Expect

Getting a patent granted is just the beginning—keeping it active comes with ongoing costs known as maintenance fees. If these fees aren’t paid on time, your patent can lapse and become unenforceable.

What Are Patent Maintenance Fees?

Maintenance fees are periodic payments made to the patent office to keep a granted patent in force. They apply to utility patents in many countries, including the United States.

Design patents and provisional patents do not require maintenance fees.

U.S. Patent Maintenance Schedule

In the United States, maintenance fees are due at three specific times after your patent is granted:

• 3.5 years – First maintenance fee
• 7.5 years – Second maintenance fee
• 11.5 years – Final maintenance fee

How Much Are the Fees?

As of 2025 (USPTO standard rates):

• 3.5 years – $1,600 (large entity)
• 7.5 years – $3,600
• 11.5 years – $7,400

Fee reductions are available for small and micro entities.

What Happens If I Miss a Payment?

• You can still pay within a grace period (6 months), but you'll incur a surcharge.
• If you miss the grace period, your patent expires.
• You may file for reinstatement, but it's expensive and not always accepted.

International Maintenance Fees

Each country has its own system. For example:

• Europe – Annual fees due in each validated country
• China – Yearly payments starting from the grant date
• Japan – Annual fees with increasing cost per year

Tips for Managing Patent Fees

• Set calendar reminders or use docketing software
• Consider whether it’s worth maintaining older patents
• Monitor upcoming deadlines through your Patent Attorney or the USPTO Private PAIR system

Related Articles

• How Much Does a Patent Cost?
• Provisional vs Utility Patent
• Patent Filing Timeline
• Patent Portfolio Strategy