When Is My Patent Maintenance Fee Due?

US utility patents require three maintenance fee payments, each timed from the grant date (not the filing date). Miss the final deadline and the patent lapses. Here is exactly how the timing works.

The three fee windows

First fee — due between 3 and 3.5 years after grant (the "3.5-year" fee).
Second fee — due between 7 and 7.5 years after grant.
Third fee — due between 11 and 11.5 years after grant.

Each window opens 6 months before the anniversary. Pay within the window and no surcharge applies.

The grace period and surcharge

If you miss the window, the USPTO grants a further 6-month grace period during which you can still pay, plus a surcharge. This means each fee effectively has a hard deadline 6 months after the anniversary (i.e. at 4, 8, and 12 years post-grant).

The lapse deadline

Fail to pay by the end of the grace period and the patent lapses — the technology enters the public domain. After that, the only route back is a petition to accept a delayed payment on the grounds the delay was unintentional.

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Because the windows are pegged to each patent's individual grant date, a portfolio of patents can have dozens of overlapping deadlines. PatentLapse computes every window from USPTO data and emails you before each one opens — and the moment any watched patent lapses.

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Frequently Asked Questions

When is the first US patent maintenance fee due?

The first maintenance fee is due between 3 and 3.5 years after the patent's grant date, with a 6-month grace period (and surcharge) extending the hard deadline to about 4 years post-grant.

Are maintenance fees timed from filing or grant?

From the grant date. The 3.5, 7.5 and 11.5-year windows are all measured from the day the patent was granted, not the filing date.

Is there a penalty for paying a maintenance fee late?

Yes. You can still pay during the 6-month grace period after each window, but the USPTO adds a surcharge. Miss the grace period and the patent lapses.

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