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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Patent Maintenance Fees

Patent Maintenance Fees; When and Amount Patent Maintenance Fees; Checking Patent Maintenance Fees

Overview of Patent Maintenance Fees

Maintenance fees are required for utility patents. If maintenance fees are not submitted during the proper time window, the rights to a utility patent will be lost.
Design patents and plant patents do not require maintenance fees.

When are patent maintenance fees due?

For utility patents, a maintenance fee is required during the following time windows:
3 to 3.5 years after the issue date
7 to 7.5 years after the issue date
11 to 11.5 years after the issue date

A maintenance fee can be submitted late within a grace period – with an additional surcharge fee – in the following time windows:
3.5 to 4 years after the issue date
7.5 to 8 years after the issue date
11.5 to 12 years after the issue date

How much is a patent maintenance fee?

Patent maintenance fees are different depending on the size of the applicant. The different entity sizes are: micro, small, or normal (undiscounted). Further explanation here.

Micro Entity
Due at 3 to 3.5 years: $500
Due at 7 to 7.5 years: $940
Due at 11 to 11.5 years: $1925
Surcharge for late payment within 6 months after 3.5, 7.5, or 11.5 years: $125

Small Entity
Due at 3 to 3.5 years: $1000
Due at 7 to 7.5 years: $1880
Due at 11 to 11.5 years: $3850
Surcharge for late payment within 6 months after 3.5, 7.5, or 11.5 years: $250

Normal Entity (Undiscounted)
Due at 3 to 3.5 years: $2000
Due at 7 to 7.5 years: $3760
Due at 11 to 11.5 years: $7700
Surcharge for late payment within 6 months after 3.5, 7.5, or 11.5 years: $500

How to check if patent maintenance fees have been paid?

Go the USPTO Storefront for paying maintenance fees at (https://fees.uspto.gov/MaintenanceFees)
Enter the Patent Number and the Application Number (entered as XX/XXX,XXX) for the patent. The Application Number can be found by searching the Patent Number on the Patent Office Full Patent Document Quick search (http://patft.uspto.gov/netahtml/PTO/search-bool.html).
The results will show past payments and future payments due.

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Law Office of John B. Hudak, PLLC

An intellectual property law firm: patents, trademarks, and copyrights.

Patent Maintenance Fees

Patent Maintenance Fees; When and Amount Patent Maintenance Fees; Checking Patent Maintenance Fees

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