Small Entity vs Micro Entity Patent Fees

The USPTO charges the same three maintenance fees to every patent holder — but independent inventors and small businesses can pay far less by claiming small entity (60% off) or micro entity (80% off) status. Over a patent's life those discounts add up to thousands of dollars.

WindowLarge EntitySmall Entity (−60%)Micro Entity (−80%)
3.5-year$2,000$800$400
7.5-year$3,760$1,504$752
11.5-year$7,700$3,080$1,540

Who qualifies as a small entity?

Small entity status is available to independent inventors, small businesses with fewer than 500 employees, and non-profit organisations such as universities — provided the patent rights have not been assigned or licensed to a party that would not itself qualify.

Who qualifies as a micro entity?

Micro entity status has stricter tests. In general you must already qualify as a small entity, must not be named as an inventor on more than four previously filed US applications, must not have a gross income above the USPTO's income threshold (roughly three times the median household income), and must not be under an obligation to assign to a party exceeding that income limit. A separate basis applies for applicants majority-employed by, or assigning to, an institution of higher education.

Claiming — and losing — the discount

You certify entity status when you pay. Status can change over the patent's life: a licensing deal or acquisition can push a small entity up to large entity rates. Paying a reduced fee when you no longer qualify can jeopardise the patent, so status should be re-checked before every payment. PatentLapse tracks fee windows so a change in status is never missed at the moment it matters.

Monitor any patent for maintenance fee windows and lapses — automatically

Get Pro alerts — $99/mo

No annual contract. Cancel anytime.

Frequently Asked Questions

How much do small entities save on patent maintenance fees?
Small entities pay 60% less than large entities: $800, $1,504 and $3,080 at the 3.5, 7.5 and 11.5-year windows, versus $2,000, $3,760 and $7,700.
Who qualifies as a micro entity at the USPTO?
Generally an applicant who already qualifies as a small entity, is named on no more than four prior US applications, has gross income under roughly three times the median household income, and is not obligated to assign to a higher-income party. A higher-education basis is also available.
What happens if I claim small entity status incorrectly?
Paying a reduced fee you were not entitled to can render the patent unenforceable unless the error is corrected in good faith. Re-verify entity status before each maintenance fee payment.

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