U.S. utility patents generally require maintenance fees at 3.5, 7.5 and 11.5 years after grant. Reduced fees require qualifying entity status. Late payment during the six-month grace period requires a surcharge; continued nonpayment can cause expiration. A petition based on unintentional delay may be available subject to requirements. Design and plant patents do not require these maintenance payments.
Getting a patent granted is a milestone, but it is not the finish line. To keep that patent enforceable for its full term, you have to pay patent maintenance fees to the USPTO at set intervals. Miss them, and the patent you spent years and thousands of dollars securing can lapse and become free for anyone to use. Understanding patent maintenance fees, when they are due, what they cost, and what happens if you miss one, is essential to protecting the value of your patent.
This guide explains how patent maintenance fees work, the exact deadlines, the costs by entity size, what happens if a payment is missed, and how to make sure you never lose a patent to a missed fee. For the bigger picture on patent costs, our complete patent cost guide for 2026 covers filing through grant.
What Are Patent Maintenance Fees?
Patent maintenance fees are recurring payments owed to the United States Patent and Trademark Office to keep a granted utility patent in force. They exist because a patent is not a one-time purchase. The government grants you the exclusive right to your invention, but it asks you to periodically confirm that the patent is still worth maintaining by paying patent maintenance fees over its life.
Importantly, patent maintenance fees apply only to utility patents, the kind that protect how an invention works. Design patents and plant patents do not require patent maintenance fees at all. So if you hold a design patent, this obligation does not apply to you, though the cost tradeoff is worth understanding, which our design patent application guide explains.
The obligation to pay patent maintenance fees begins only after the patent is granted, not during the application process. Once your utility patent issues, the maintenance clock starts.
When Are Patent Maintenance Fees Due?
Patent maintenance fees are due at three points measured from the grant date of the patent:
- 3.5 years after grant
- 7.5 years after grant
- 11.5 years after grant
Each patent maintenance fee has a payment window. You can pay without a surcharge during the six-month window leading up to each deadline (at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years after issue). You cannot pay early, and there is no annual fee in between, which is a common point of confusion. After these three payments, no further patent maintenance fees are owed for the rest of the patent’s 20-year term.
A six-month grace period generally permits late payment with a surcharge. After it closes, expiration and any possible delayed-payment petition require careful review. Docket the relevant dates and confirm who is responsible for payment.
How Much Are Patent Maintenance Fees?
The cost of patent maintenance fees depends on two things: which of the three deadlines you are paying, and your entity size. The fees escalate sharply at each stage, by design, to encourage owners to actively decide whether a patent is still worth keeping.
The current government fees are shown below, checked October 25, 2026. They exclude late surcharges, petitions and professional service fees.
- 3.5 years: $2,150 large / $860 small / $430 micro
- 7.5 years: $4,040 large / $1,616 small / $808 micro
- 11.5 years: $8,280 large / $3,312 small / $1,656 micro
These amounts are reduced based on entity status. Small entities pay 60% less than the large-entity rate, and micro entities pay 80% less. So a micro entity pays roughly one-fifth of the large-entity patent maintenance fees at each stage. Because the USPTO adjusts these figures periodically, you should always confirm the current amounts on the USPTO fee schedule before budgeting.
At the current rates, the three government payments total $14,470 for a large entity, $5,788 for a qualifying small entity or $2,894 for a qualifying micro entity. Future fee changes, entity-status changes, service charges and late fees can change the actual lifecycle cost.
What Happens If You Miss a Patent Maintenance Fee?
Missing a patent maintenance fee is one of the most avoidable ways to lose a valuable patent, and it happens more often than most inventors expect. Here is the sequence.
If the fee remains unpaid after the grace period, the patent can expire. That expiration does not clear other patents or contractual restrictions. A petition to accept delayed payment may be available where the requirements are met, and intervening rights can affect later enforcement. See the USPTO maintenance guidance.
There is a limited safety net. If a patent expires because a maintenance fee was not paid, you can petition the USPTO to reinstate it, but only if the delay was unintentional, and you must pay the missed patent maintenance fee plus a petition fee. Reinstatement is not guaranteed, and petitions filed more than two years after expiration require additional justification. Because the petition process is technical and the stakes are high, this is a situation where consulting a patent attorney quickly can make the difference. The far better approach, though, is never to miss the deadline in the first place.
Patent Maintenance Fees by Entity Size
Your entity status directly determines what you pay, so it is worth knowing where you fall:
- Large entity: pays the full patent maintenance fees with no reduction. This generally applies to larger companies.
- Small entity: receives a 60% reduction. Most independent inventors and small businesses qualify.
- Micro entity: receives an 80% reduction. To qualify, you generally must meet income limits and have been named on a limited number of prior applications.
Claiming the wrong entity status can create problems later, including the need for deficiency payments to correct underpaid patent maintenance fees. If you are unsure which category applies to you, this is exactly the kind of question a patent attorney can answer quickly. If you are weighing whether professional help is worth it at all, our take on whether you need a patent attorney is a useful read.
A Word of Caution: Maintenance Fee Scams
One practical warning worth knowing: the USPTO publicly cautions that many private companies, unaffiliated with the government, send official-looking solicitations to patent owners about patent maintenance fees. These notices often mimic government correspondence and charge inflated amounts to “handle” your payment. Legitimate patent maintenance fees are paid directly to the USPTO or managed through your patent attorney. If you receive a maintenance fee notice that you did not expect, verify it with the USPTO or your patent attorney before paying anything. One of the quieter benefits of hiring a patent attorney is that these solicitations get filtered out before they ever reach you.
How to Make Sure You Never Miss a Patent Maintenance Fee
Because the deadlines span nearly twelve years, the biggest risk with patent maintenance fees is simply forgetting. A payment due 11.5 years after grant is easy to lose track of, especially as companies grow, move, or change hands. A few practices help:
Keep your correspondence and fee address current with the USPTO so reminder notices reach you. Build the three maintenance deadlines into a docketing system or calendar the moment your patent is granted, and remember that these payments stretch across the patent’s full life, which we cover in how long patents last. Budget for patent maintenance fees as part of the lifetime cost of the patent rather than treating them as surprise expenses. And consider having your patent attorney track and manage the deadlines, which is a common service that removes the risk of a missed payment entirely.
Jeff’s Take
I have seen inventors lose genuinely valuable patents over a missed maintenance fee, and it is painful every time, because it is completely avoidable. Someone spends years and real money getting a patent granted, then a reminder goes to an old address, the deadline slips, and the grace period closes. The invention falls into the public domain and a competitor is free to use it.
The thing I tell clients is to treat patent maintenance fees as part of the cost of the patent from day one, not as a separate surprise years later. Decide early whether a patent is worth maintaining, and if it is, put the deadlines somewhere they cannot be forgotten. The escalating fee structure is actually the USPTO nudging you to make that decision deliberately at each stage. There is no shame in letting a patent lapse on purpose if it no longer protects anything valuable. What you want to avoid is losing one by accident.
How Schell IP Helps
At Schell IP, we help patent owners protect the value of what they have already secured. Denver patent attorney Jeff Schell and our team track maintenance deadlines, advise on entity status to make sure you are not overpaying, and help you decide which patents in a portfolio are worth maintaining as your business evolves.
We help inventors and companies by:
- Tracking patent maintenance fee deadlines so a payment never slips through the cracks
- Confirming the correct entity status so you pay the lowest patent maintenance fees you qualify for
- Advising on portfolio strategy to decide which patents are worth maintaining and which to let lapse
Book a free consultation to make sure your patents stay protected and your maintenance strategy is sound.
Frequently Asked Questions
What are patent maintenance fees?
Patent maintenance fees are payments required by the USPTO to keep a granted utility patent in force. They are due at 3.5, 7.5, and 11.5 years after the patent’s grant date.
How much are patent maintenance fees?
Checked October 25, 2026, U.S. utility maintenance fees at 3.5, 7.5 and 11.5 years are $2,150/$4,040/$8,280 for large entities, $860/$1,616/$3,312 for qualifying small entities and $430/$808/$1,656 for qualifying micro entities. These are government fees before any late surcharge or professional charges. Confirm the current USPTO schedule and entity status before payment.
When are patent maintenance fees due?
Regular payment windows open at 3, 7 and 11 years after grant, for payments due at 3.5, 7.5 and 11.5 years. A further six-month grace period generally permits payment with a surcharge. Confirm the specific patent record, expiration dates and applicable rules rather than relying on a generic annual reminder.
What happens if I don’t pay a patent maintenance fee?
Late payment generally requires a surcharge during the six-month grace period. Continued nonpayment can cause expiration; a petition based on unintentional delay may be available where requirements are met. Other patents and legal restrictions can still affect use of the technology.
Do all patents require maintenance fees?
No. Only utility patents require patent maintenance fees. Design patents and plant patents do not require any maintenance fees.
Can I reinstate a patent that expired for a missed maintenance fee?
A petition to accept a delayed maintenance payment may be available if the delay was unintentional and the requirements are met. Payment of the overdue fee and petition fee is required; additional information can be required for a delay exceeding two years. Acceptance is not automatic, and intervening rights can affect enforcement.
How are patent maintenance fees reduced for small inventors?
Qualifying small entities generally receive a 60% reduction and qualifying micro entities an 80% reduction on these fees. An individual inventor or startup does not qualify automatically: ownership, obligations to assign or license, and the applicable status criteria must be reviewed and kept current.
Are unsolicited patent maintenance fee notices legitimate?
Often they are not. The USPTO warns that many private companies send official-looking maintenance fee solicitations that charge inflated amounts. Legitimate patent maintenance fees are paid directly to the USPTO or through your patent attorney. Verify any unexpected notice before paying.
Final Thoughts
Patent maintenance fees are the price of keeping a patent alive, and missing one is among the most avoidable ways to lose valuable protection. The rules are straightforward once you know them: three payments at 3.5, 7.5, and 11.5 years, reduced for small and micro entities, with a short grace period before the patent lapses for good. The key is to plan for patent maintenance fees from the day your patent is granted and to make sure the deadlines are tracked.
At Schell IP, we help patent owners stay protected by managing maintenance deadlines, confirming entity status, and advising on which patents are worth maintaining. Whether you hold one patent or a growing portfolio, we make sure a missed fee never costs you your rights.
Book a free consultation today to review your patents and build a maintenance strategy that protects their value.
| Due after grant | Large entity | Small entity | Micro entity |
|---|---|---|---|
| 3.5 years | $2,150 | $860 | $430 |
| 7.5 years | $4,040 | $1,616 | $808 |
| 11.5 years | $8,280 | $3,312 | $1,656 |
Source: current USPTO fee schedule. These are government fees, excluding attorney service charges, late surcharges and petition fees. Eligibility for a reduced fee must be established; a startup is not automatically a micro entity. Confirm the amount due when paying.
