If the on-time window just closed, you have a 6-month grace period to pay with a surcharge. If the grace period also closed, the patent has expired and your only path back is a petition to revive. Both options have a cost ladder that climbs fast.
First, identify which window you missed and how long ago. The procedure is different at each stage, and so is the cost.
| Time since deadline | Status | What you do now |
|---|---|---|
| 0–6 months past | Grace period — patent still in force | Pay maintenance fee + grace surcharge ($100–$500) |
| 6+ months past | Patent has expired | File petition to revive under 37 CFR 1.378(b) |
| Years past | Patent expired, revival harder | Petition to revive with additional unintentional-delay evidence |
The boundary between "grace period" and "expired" is the date exactly 6 months after the on-time deadline. Verify the precise date on the USPTO Patent Maintenance Fees Storefront before assuming.
Set a reminder for the next maintenance window now, before the same thing happens again.
Done in seconds. No sign-up required.
The patent is still in force. Pay the maintenance fee and the grace period surcharge through the USPTO Patent Maintenance Fees Storefront and you are back on schedule. No petition required, no questions asked, no proof of unintentional delay.
The surcharge is approximately $500 for a large entity, $200 for a small entity, and $100 for a micro entity, in addition to the regular fee. Pay it once and the patent continues uninterrupted to the next maintenance window.
The USPTO may have already mailed a Maintenance Fee Reminder to the fee address on record (per MPEP 2575, this notice goes out only after the grace period begins). If you did not receive it, the address may be out of date. Verify and update before the next window.
The patent has expired by operation of law. Your only path to restore it is a petition to accept delayed payment under 37 CFR 1.378(b), which requires that the entire delay from the missed deadline to the petition was unintentional.
The petition consists of four components, all of which must be filed together:
The USPTO reviews each petition. Most are accepted, but the agency can require additional explanation or documentation if the delay was particularly long or the facts suggest the abandonment was deliberate. Petitions filed years after expiration are increasingly likely to draw a request for further evidence.
Each step below is what a forgotten 7.5-year fee on a small-entity patent might cost. The ladder is steep, and a single email reminder set 6 months in advance prevents every rung of it.
The petition fee is the smallest part of letting a patent expire by accident. The bigger losses are harder to recover.
Royalty obligations under license agreements typically end when the underlying patent expires. Pending or contemplated infringement litigation can be derailed. Investors and acquirers performing due diligence on your IP portfolio see lapsed maintenance as a sign of weak portfolio management. Even after a successful revival, third parties who began practicing the invention during the lapse may have intervening rights that limit your ability to enforce against them going forward.
The consistent finding across patent litigation case law: maintenance fee lapses are almost never strategic. They are almost always forgotten.
If you missed this fee, the next one is 4 years away. Set the reminder now while it is on your mind. See the patent maintenance fee reminder guide for the full 12-year setup, or check the complete fee schedule to know exactly when each window opens and closes.
You enter a 6-month grace period during which you can still pay the fee plus a surcharge ($100–$500 depending on entity size). After the grace period ends, the patent expires by operation of law. You lose the right to license, sell, or enforce it — including against existing infringers — unless you successfully petition to revive it.
Six months immediately after the on-time deadline. For the first fee, the grace period runs from 3.5 to 4 years after grant. For the second fee, 7.5 to 8 years. For the third fee, 11.5 to 12 years. Payment during the grace period requires the regular fee plus a surcharge.
Yes, in many cases. Under 37 CFR 1.378, you can file a petition to accept delayed payment of a maintenance fee if the delay was unintentional. The petition requires the missed maintenance fee, the late surcharge, a petition fee (approximately $2,100 for a large entity), and a statement of unintentional delay. Revival is not automatic — the USPTO can deny it.
The "unintentional delay" standard under 37 CFR 1.378(b) allows revival without a strict time limit, but delays measured in years can prompt the USPTO to require additional proof that the delay remained unintentional throughout the entire period. The longer you wait, the harder revival becomes.
Yes. When a patent expires, all royalty obligations under existing license agreements typically end (unless the license includes other valid intellectual property). You also lose the ability to enforce against ongoing infringement, and any pending litigation may be affected.
File USPTO form PTO/SB/66 with the missed maintenance fee, the surcharge, the petition fee, and a statement that the entire delay was unintentional. Submit through Patent Center or by mail. The USPTO reviews the petition and either accepts payment or issues a request for additional information. Decisions can take weeks to months.
The next maintenance window is far enough away to be forgotten again. Set a reminder once and BoldRemind handles the calendar from here.
Set My Patent Fee ReminderLast modified: