USPTO Patent Maintenance Fees: Complete Guide

US utility patents require three maintenance fee payments to stay in force after grant:

Window	Due Date	Large Entity	Small Entity	Micro Entity
3.5-year	3–4 years post-grant	$2,000	$800	$400
7.5-year	7–8 years post-grant	$3,760	$1,504	$752
11.5-year	11–12 years post-grant	$7,700	$3,080	$1,540

Fees are set by the USPTO and are subject to adjustment. Small entity status (independent inventors, small businesses, non-profits) reduces fees by 60%; micro entity status reduces them by 80%.

Grace period & reinstatement

USPTO allows a 6-month grace period after the due date, with a surcharge. After that, the patent lapses and enters the public domain — anyone can use the technology without a licence. Reinstatement is possible within 2 years of lapse if the delay was unintentional.

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When a competitor fails to pay a maintenance fee, their patent lapses — the technology becomes freely usable. PatentLapse monitors USPTO fee event data and alerts you the moment a patent on your watchlist enters a fee window or lapses.

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Frequently Asked Questions

How much are USPTO patent maintenance fees?

Large entity fees are $2,000 at 3.5 years, $3,760 at 7.5 years, and $7,700 at 11.5 years. Small entities pay 60% less; micro entities pay 80% less.

What happens if you miss a patent maintenance fee?

The patent lapses into the public domain. There is a 6-month grace period with a surcharge, then a 2-year window for reinstatement if the delay was unintentional.

When are US patent maintenance fees due?

At 3.5, 7.5, and 11.5 years after the patent grant date. USPTO opens a payment window 6 months before each deadline.

Last updated: 2026-08-30 · Data: USPTO public domain · Not legal advice — consult a patent attorney before acting on this information.