US patent maintenance fees scale by entity size and milestone. A large entity pays approximately $2,150, $4,040, and $8,280 at the 3.5, 7.5, and 11.5-year deadlines. Small and micro entities pay 40% and 20% of those amounts.
All figures reflect the USPTO fee schedule as of 2025–2026. Always confirm current amounts on the USPTO fee page before paying.
| When due | Large entity | Small entity | Micro entity |
|---|---|---|---|
| 3.5 years (1st fee) | $2,150 | $860 | $430 |
| 7.5 years (2nd fee) | $4,040 | $1,620 | $810 |
| 11.5 years (3rd fee) | $8,280 | $3,310 | $1,660 |
| Total lifetime cost | $14,470 | $5,790 | $2,900 |
Source: USPTO fee schedule. Large entity figures are the baseline. Small entity = 60% off (pays 40%). Micro entity = 80% off (pays 20%). Fees apply to utility and reissue utility patents; design patents have no maintenance fees.
A reminder is free. The grace surcharge starts at $100 and the patent itself can be worth far more.
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Pay even one day after the on-time window closes and the USPTO adds a surcharge on top of the regular fee. The surcharge is identical regardless of how many days late you are within the 6-month grace window — there is no graduated rate.
Across all three maintenance windows, that means a large entity who is consistently late pays an extra $1,500 in avoidable surcharges over the patent's lifetime — and a small entity adds $600. The reminder cost: zero.
The biggest fee surprise is not the price but the entity classification. A startup that paid the 3.5-year fee as a micro entity may grow past the income or filing-count thresholds before the 7.5-year fee. A small entity that grew past 500 employees, was acquired, or licensed the patent to a large entity loses small entity status.
Paying as a smaller entity than you qualify for is treated as fraud on the USPTO and can render the patent unenforceable. Setting a reminder 6 months before each window gives you time to verify status before paying — not the night before the deadline.
Roughly half of US patents are allowed to lapse before the 11.5-year fee, per USPTO retention data. The decision usually depends on whether the patent is generating value in licensing, supporting a product, or actively deterring competitors.
That decision deserves a deliberate review, not a missed deadline by accident. If you decide a patent is no longer worth maintaining, you can let it lapse on purpose. What you want to avoid is letting a valuable patent expire because the fee notice never arrived in time.
The on-time fees in the table above are unavoidable if you want to maintain the patent. The surcharges, the petition-to-revive fee, and the lost patent value are all avoidable with one thing: a reminder that arrives in time. See the full guide on patent maintenance fee reminders, or read what happens if you miss a maintenance fee deadline.
For a large entity, the second maintenance fee (due at 7.5 years) is approximately $4,040. A small entity pays about $1,620 (60% off). A micro entity pays about $810 (80% off). These figures reflect the USPTO fee schedule as of 2025–2026 and may be adjusted by future fee setting.
A large entity is any company or applicant that does not qualify for small entity status. A small entity is generally a business with fewer than 500 employees, an independent inventor, or a non-profit. A micro entity must additionally meet income limits (under roughly 3x the median household income in the prior year) and have filed fewer than four prior US patent applications.
Adding all three maintenance fees, a large entity pays roughly $14,470 over the patent's lifetime. A small entity pays about $5,790. A micro entity pays approximately $2,900. These totals exclude any grace period surcharges or revival petition fees.
The grace period surcharge is approximately $500 for a large entity, $200 for a small entity, and $100 for a micro entity, added on top of the regular maintenance fee. It applies if you pay any time within the 6-month grace period after the standard window closes.
Generally yes, for businesses. The IRS allows maintenance fees to be deducted as an ordinary business expense in the year paid, provided the patent is used in a trade or business. Individual inventors should consult a tax professional, as treatment depends on whether the patent generates income.
It depends on commercial value. If the patent is not licensed, asserted, or central to a product line, many owners let it lapse rather than pay the next fee. The 7.5-year and 11.5-year decisions are common abandonment points — roughly half of US patents are allowed to expire before reaching the third fee.
A free email reminder beats a $500 surcharge or a $2,100 revival petition. Set yours in 30 seconds and forget about it for 12 years.
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