US Patent Maintenance Fees: Keeping Your Invention Protected
To maintain the validity of your US patent, you must pay periodic maintenance fees to the USPTO. Missing these deadlines can result in additional expenses to maintain the patent and premature expiration of the patent.
Maintenance Fee Deadlines:
- First Maintenance Fee: Due between 3 and 3.5 years after the issue date.
- Second Maintenance Fee: Due between 7 and 7.5 years after the issue date.
- Third Maintenance Fee: Due between 11 and 11.5 years after the issue date.
The fee amounts vary based on the size of the entity (small entity, micro entity, or large entity).
Late Payment Surcharges and Petitions:
- Late Payment: If a maintenance fee is not paid on time, a surcharge is applied.
- Petitions for Late Payment: In some cases, a petition to the USPTO must be filed to request the acceptance of a late maintenance fee payment.
We can help you monitor your maintenance fee deadlines, as well as calculate any fees due and transmit the fees, to preserve your patent rights.