What are Patent Maintenance Fees and Why Do I Need to Pay Them? Episode 40

(This episode first aired in 2018. The costs to maintain have changed. Review the USPTO website for up to date costs).

Patent Maintenance Fees: What You Need to Know

In the last episode, I went over the final stages of getting your patent issued.

Your patent will generally last 20 years from your filing date, but you must pay fees along the way to keep your patent active.

Which Patents Require Maintenance Fees?

Patent maintenance fees in the U.S. apply only to utility patents.

• Design patents and plant patents do not require maintenance fees.

• Design patents last 15 years from the grant date (not the filing date) and require no additional fees after issuance.

• Previously, design patents lasted 14 years, but they were recently changed to 15 years.

Patent Term Adjustments

Although utility patents generally last 20 years from the filing date, this term can sometimes be adjusted.

• If the patent office took too long to issue your patent, you might get extra time added to your patent’s term.

• However, the general rule is that your patent lasts 20 years from the filing date.

Why Does the USPTO Require Maintenance Fees?

The USPTO wants you to actively use your patent—not just sit on it.

• If you’re not using your patent, such as by making a product or licensing it, the USPTO believes it should enter the public domain so others can use it.

• Maintenance fees are a way to ensure that only valuable patents remain in force.

When Are Patent Maintenance Fees Due?

You must pay maintenance fees three times during the 20-year patent term:

1. 3.5 years after the grant date

2. 7.5 years after the grant date

3. 11.5 years after the grant date

You get a six-month grace period, so you can think of these as the 4-year, 8-year, and 12-year maintenance fees.

How Much Do Patent Maintenance Fees Cost?

Maintenance fees vary depending on whether you are classified as a large entity, small entity, or micro-entity.

Current Fees (Check USPTO for Updates)

• 3.5-year fee:

• $1,600 (large entity)

• $800 (small entity)

• $400 (micro-entity)

• 7.5-year fee:

• $3,600 (large entity)

• $1,800 (small entity)

• $900 (micro-entity)

• 11.5-year fee:

• $7,400 (large entity)

• $3,700 (small entity)

• $1,850 (micro-entity)

Always check the USPTO fee schedule for current costs. Fees can be paid online with a credit card.

What If You Miss the Deadline?

If you miss the deadline, you still have six months to pay with an added surcharge:

• $160 (large entity)

• $80 (small entity)

• $40 (micro-entity)

If you fail to pay within six months, your patent expires, and anyone can copy your invention.

You can petition to have your patent reinstated, but there are risks:

• If someone copies your invention after assuming it expired, and you later reinstate it, you might not be able to enforce your patent against them.

• The current cost to petition for reinstatement is:

• $2,000 (large entity)

• $1,000 (small entity)

• $500 (micro-entity)

Foreign Patent Maintenance Fees

If you have foreign patents, be aware that each country has different rules for maintenance fees.

• Some countries call them annuity fees or renewal fees.

• In many countries, you must pay annually, even while your application is still pending.

• In some cases, the maintenance fee deadline is based on the filing date rather than the grant date.

There are services that specialize in managing patent maintenance fees. These services can help track deadlines and ensure you don’t miss a payment.

Final Thoughts

Key Takeaways

• Only utility patents require maintenance fees—not design or plant patents.

• Maintenance fees are due at 3.5, 7.5, and 11.5 years after the grant date.

• If you miss the deadline, you have six months to pay with a late fee.

• If you don’t pay, your patent expires, and others can legally copy your invention.

• Foreign patents may require annual fees—check each country’s rules.

• Consider using a patent maintenance service to help track deadlines.

Need Help? Contact Me. I'm Adam Diament, and until next time, keep on inventing!