Three deadlines, years apart. The USPTO does not send a reliable warning before the window closes. Set a reminder months in advance and protect a patent that already cost you thousands to obtain.
Done in seconds. No sign-up required.
They are forgotten. The maintenance windows are simply too far apart for unaided memory.
years after grant — the only three points where you must pay or lose the patent
37 CFR § 1.362, USPTO
of US patents are allowed to lapse before reaching the 11.5-year fee
USPTO maintenance fee retention data
typical petition fee to revive a patent that lapsed for non-payment, on top of the missed maintenance fee and surcharge
USPTO fee schedule, 37 CFR 1.378
Many patent owners assume the Patent Office will notify them when a fee is approaching. It does not, at least not in time. Per MPEP 2575, the USPTO issues a Maintenance Fee Reminder only after the 6-month grace period has begun. By the time that notice goes out, the on-time window has closed and a surcharge already applies. Top-ranked legal sources put it bluntly: the responsibility lies solely with the patent owner.
A 2024 pilot program allows patent owners to opt in to email reminder notices, but it is opt-in, limited, and still tied to the same statutory timing. Mail can be missed, attorneys can change firms, and addresses go stale over a 12-year window. The only reliable trigger is one you control.
Each maintenance fee has a 6-month on-time window followed by a 6-month grace period. After that, the patent expires unless you file a petition to revive.
First maintenance fee. Window opens 3 years after the issue date and closes at 3.5 years. Grace period runs to 4 years.
Second fee. Highest forgetting risk because four years have passed since the last action on the case.
Final fee. Largest dollar amount. After payment, the patent runs out its full term with no further fees.
See the full breakdown on the patent maintenance fee schedule page for the exact dates relative to your patent's issue date.
The cost ladder climbs fast — and the top rung is irreversible.
Pay 1 day late and you owe a surcharge of $160 (small entity) up to $500 (large entity), on top of the regular fee. Avoidable with a calendar reminder.
Grace period details →Miss the grace period and the patent expires by operation of law. You lose the right to license, sell, or enforce it — including against existing infringers.
What expiration means →A petition to revive under 37 CFR 1.378 requires a $2,100+ fee, declarations of unintentional delay, and is not guaranteed to succeed. Years can pass before it resolves.
Revival process →A good patent maintenance fee reminder works months ahead of the deadline, not at it. Set yours for 6 months before each window opens — that gives you time to confirm your entity status (small/micro entities can lose status as headcount or revenue grows), gather the patent number and application number, budget the fee, and decide whether the patent is still worth maintaining.
Use the patent grant date — not the filing date. Maintenance windows are calculated from the date the patent was issued.
Receive an email 6 months before each window opens, with another at 30 days. Plenty of buffer to act without rushing.
If you don't mark it complete, BoldRemind keeps reminding. The fee doesn't quietly drop off your radar.
Everything else about patent maintenance fees — the details live here.
Not before — only after. The USPTO's statutory Maintenance Fee Reminder is sent during the 6-month grace period, which means it arrives only after you have already missed the on-time window and a surcharge applies. A 2024 USPTO pilot allows opt-in email notices, but it is not a substitute for your own tracking system.
Three times: at 3.5 years, 7.5 years, and 11.5 years after the patent is granted. Each payment has a 6-month window before the deadline (e.g., 3 to 3.5 years after grant) when no surcharge applies, plus a 6-month grace period after the deadline (3.5 to 4 years) where you can still pay with a late fee.
After the 6-month grace period closes, the patent expires. You lose all enforceable rights including the ability to license, assert, or sell the patent. Reinstatement is possible by petition under 37 CFR 1.378 if the delay was unintentional, but it requires a substantial petition fee and there is no guarantee of acceptance.
Fees scale by entity size and milestone. Large entity: about $2,150 at 3.5 years, $4,040 at 7.5 years, $8,280 at 11.5 years. Small entity pays half. Micro entity pays a quarter. Grace-period payments add a $160–$500 surcharge depending on entity size and which milestone you missed.
Most patent firms offer docketing reminders for fees they file, but they bill for filing each one. If you prosecuted pro se, used a different attorney for filing than for maintenance, or your firm closed or merged, your reminders can disappear. A personal reminder is the backup that survives any of those changes.
Set it for at least 6 months before each window opens — so 2.5 years, 6.5 years, and 10.5 years after the issue date. That gives you time to gather payment information, confirm entity status (it can change with company growth), and budget for the fee before the on-time window even begins.
Maintenance fees keep your existing patent in force for the next maintenance period. They do not extend the 20-year term, which runs from the earliest non-provisional filing date. Paying all three fees keeps the patent enforceable for its full statutory life.
A patent costs thousands to obtain. A reminder costs nothing. Get notified months before each maintenance window — no account, no app, no missed deadlines.
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