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USPTO guide

USPTO maintenance fees: amounts, due dates and what happens if you miss one

By , Co-founder, PatentAssist.ai
Updated

A US utility patent stays in force for its full term only if three maintenance fees are paid, at 3.5, 7.5 and 11.5 years after grant. This guide gives the 2026 amounts for large, small and micro entities, the payment windows, the grace period and surcharge, how to reinstate a patent that expired for non-payment, and a calculator for your own dates. Some people call these "renewal fees" or "annuities"; the USPTO calls them maintenance fees.

Quick answer

  • Amounts (large entity): $2,150 at 3.5 years, $4,040 at 7.5 years, $8,280 at 11.5 years. Small entities pay 40%, micro entities 20% (37 CFR 1.20).
  • Window: pay without surcharge in the 6 months before each due date (37 CFR 1.362(d)).
  • Grace period: 6 more months with a $540 surcharge ($216 small, $108 micro).
  • Missed it: the patent expires on the 4th, 8th or 12th anniversary of grant. It can be reinstated by petition if the delay was unintentional (37 CFR 1.378).
  • No fees for: design and plant patents (37 CFR 1.362(b)).

USPTO maintenance fee schedule for 2026

The fees are set by 35 U.S.C. 41(b) and listed in 37 CFR 1.20. The amounts below are from the USPTO fee schedule in force since January 19, 2025 (last revised August 14, 2026). Fee codes are large / small / micro entity.

USPTO maintenance fees in US dollars by entity size
Fee Large Small Micro 37 CFR / fee codes
1st maintenance fee (3.5 years after grant) $2,150 $860 $430 1.20(e); 1551 / 2551 / 3551
2nd maintenance fee (7.5 years after grant) $4,040 $1,616 $808 1.20(f); 1552 / 2552 / 3552
3rd maintenance fee (11.5 years after grant) $8,280 $3,312 $1,656 1.20(g); 1553 / 2553 / 3553
All three fees $14,470 $5,788 $2,894 -

The fee you owe is the amount in force on the day you pay, not on the day of grant (37 CFR 1.366(b)). The issue fee you paid to get the patent granted is separate; see our guide to the notice of allowance and issue fee . For every other USPTO fee, see USPTO patent fees .

When each fee is due

All dates run from the date the patent was granted, not the filing or priority date ( 37 CFR 1.362). For each fee there is a 6-month window to pay at the normal rate, then a 6-month grace period with a surcharge.

Payment windows and grace periods for USPTO maintenance fees
Fee Pay without surcharge Due Grace period with surcharge
1st maintenance fee From 3 years after grant 3.5 years after grant Up to the 4th anniversary of grant
2nd maintenance fee From 7 years after grant 7.5 years after grant Up to the 8th anniversary of grant
3rd maintenance fee From 11 years after grant 11.5 years after grant Up to the 12th anniversary of grant

If the last day of a window or of the grace period falls on a Saturday, Sunday or federal holiday in the District of Columbia, you can pay on the next business day (37 CFR 1.362(f)). A payment made before the window opens is not accepted (37 CFR 1.366(b)).

Maintenance fee due-date calculator

Enter the grant (issue) date printed on the patent.

The calculator adds whole months to the grant date. It does not move dates that fall on weekends or federal holidays. Check every date against the patent's record in Patent Center before relying on it.

Small and micro entity rates

Small entities pay 40% of the large entity fee and micro entities 20%. Status has to be right on the day each fee is paid: 37 CFR 1.27(g) requires a new check of entitlement whenever an issue fee or maintenance fee falls due, and a loss of status must be notified before or when paying the first maintenance fee due after the change. A patent sold or exclusively licensed to a large company usually has to pay the large entity rate from then on. If a fee was underpaid by mistake and in good faith, the deficiency can be paid later under 37 CFR 1.28(c). Our guide to small entity vs micro entity status explains who qualifies.

How to pay a maintenance fee

  1. Look up the patent in the USPTO's maintenance fee storefront , which shows the fee now payable and the window dates.
  2. Identify the patent by both the patent number and the US application number. A payment with only the patent number may be returned (37 CFR 1.366(c)).
  3. State the fee (3.5, 7.5 or 11.5 years), the entity size and any surcharge, and pay the full amount. A short payment does not count as payment (37 CFR 1.366(b)).
  4. Keep the receipt. Maintenance fees are not refunded except in the narrow cases in 37 CFR 1.26 and 1.28(a).

Anyone may pay on the patentee's behalf without authorisation ( 37 CFR 1.366(a)), which is how annuity services and law firms pay for clients. The USPTO sends its notices to the "fee address" if one is set, otherwise to the correspondence address used during prosecution. An assignment does not change either address ( 37 CFR 1.363). To redirect notices to the new owner, file a fee address indication form (PTO/SB/47) .

Late payment, expiry and reinstatement

USPTO fees for paying a maintenance fee late
Fee Large Small Micro 37 CFR / fee codes
Surcharge for paying in the 6-month grace period $540 $216 $108 1.20(h); 1554-1556 / 2554-2556 / 3554-3556
Petition to accept a late fee, filed within one year of expiry $2,260 $904 $452 1.17(m)(2); 1558 / 2558 / 3558
Petition to accept a late fee, filed more than one year after expiry $3,000 $1,200 $600 1.17(m)(1); 1560 / 2560 / 3560

If neither the fee nor the surcharge is paid by the end of the grace period, the patent expires at the end of the 4th, 8th or 12th anniversary of its grant date (37 CFR 1.362(g)). The USPTO then mails a Notice of Patent Expiration ( MPEP 2575).

An expired patent can be reinstated by a petition under 37 CFR 1.378. The petition needs the maintenance fee, the petition fee under 37 CFR 1.17(m) and a statement that the delay was unintentional. The USPTO may ask for more facts where there is a question whether the delay was unintentional, and for petitions filed after August 13, 2026 it requires an additional explanation of the delay when the petition comes more than one year after the patent expired ( 91 FR 37827 ). The higher petition fee applies once more than one year has passed since the patent expired (37 CFR 1.17(m)(1)). A separate petition fee is due for each missed maintenance fee (MPEP 2590).

Reinstatement has a cost beyond the fees. Under 35 U.S.C. 41(c)(2) , anyone who made, used, sold or imported the invention in the United States after the grace period ended and before the late payment was accepted may keep using the specific things they made or bought, and a court may let them continue a business they had substantially prepared. Pay inside the grace period whenever you can.

Which patents pay maintenance fees

  • Utility patents filed on or after December 12, 1980, including continuations, divisionals and national stage patents.
  • Reissue patents pay on the schedule of the original patent, counted from the original grant date (37 CFR 1.362(h)).
  • Not design or plant patents , which pay only an issue fee (35 U.S.C. 41(b)(3)).

Paying every fee keeps a utility patent alive to the end of its term: normally 20 years from the US filing date, or from the earliest application it claims benefit of under 35 U.S.C. 120, 121 or 365(c), plus any patent term adjustment. Our guide to how long a patent lasts covers the term rules. Many owners let weaker patents lapse at the 7.5 or 11.5 year mark, when the fee is highest. To check whether a competitor's US patent is still in force, look up its maintenance fee status before you rely on it in a freedom-to-operate review .

Search US patents and their family members

PatentAssist.ai searches USPTO, EPO and Indian patent records in one place, so you can find the patents in a field and check them before a maintenance decision or a product launch. It does not pay maintenance fees or track deadlines for you; use the USPTO storefront or your annuity provider for that.

Search US patents How USPTO patent search works

More USPTO guides

All guides, by patent office

USPTO maintenance fees: frequently asked questions

How much are USPTO maintenance fees in 2026?

For a large entity: $2,150 at 3.5 years, $4,040 at 7.5 years and $8,280 at 11.5 years, $14,470 in all. Small entities pay 40% of those amounts ($5,788 in all) and micro entities 20% ($2,894). These are the amounts in 37 CFR 1.20(e) to (g), in force since January 19, 2025.

When are maintenance fees due on a US patent?

At 3.5, 7.5 and 11.5 years after the patent was granted, counted from the grant date and not the filing date. You can pay without surcharge from 3, 7 and 11 years after grant, and with a surcharge in the 6 months after each due date (37 CFR 1.362(d) and (e)).

What happens if I miss a maintenance fee?

The patent expires at the end of the grace period, on the 4th, 8th or 12th anniversary of grant (37 CFR 1.362(g)). You can ask the USPTO to accept the fee late by petition under 37 CFR 1.378 if the delay was unintentional. The petition costs $2,260 for a large entity if filed within one year of the expiry date and $3,000 after that, on top of the maintenance fee. Anyone who started using the invention while the patent was expired may keep doing so (35 U.S.C. 41(c)(2)).

Do design patents have maintenance fees?

No. Design and plant patents pay no maintenance fees (35 U.S.C. 41(b)(3), 37 CFR 1.362(b)). A US design patent lasts 15 years from grant once the issue fee is paid. Reissue patents follow the schedule of the original patent.

Does the USPTO send a reminder before a maintenance fee is due?

Not before the due date. The USPTO has no duty to remind you. It mails a Maintenance Fee Reminder to the fee address only after the grace period has started, and not receiving one does not excuse a late payment (MPEP 2540 and 2575). Docket the dates yourself.

Can I still pay small entity maintenance fees?

Only if the patent owner still qualifies on the day you pay. Entitlement must be checked again when each maintenance fee is due, and a loss of small entity status must be notified before or when paying the first maintenance fee due after the change (37 CFR 1.27(g)). A licence or assignment to a large company usually ends small entity status.

Who can pay a maintenance fee?

Anyone. The patentee does not need to authorise the payer (37 CFR 1.366(a)). The payment must identify both the patent number and the US application number, or the USPTO may return it (1.366(c)).

Sources: 35 U.S.C. 41(b) and (c) ; 37 CFR 1.17(m) , 1.20 , 1.27(g) , 1.362 , 1.363 , 1.366 and 1.378 (eCFR, current to November 2, 2026); USPTO fee schedule (effective January 19, 2025, revised August 14, 2026); MPEP sections 2540, 2575 and 2590. This guide is general information, not legal advice. For a lapsed patent, ask a registered patent attorney or agent before filing a petition.