You won the patent. Now comes the fight to keep it. Inventors celebrate the day their patent is granted. Fewer realize that protection doesn’t last without any effort.
To keep your patent in force, you’ll need to pay patent maintenance fees at specific milestones throughout its life. Miss one, and you could lose valuable intellectual property rights long before your patent reaches its full term. However, these deadlines are predictable, and with the right planning, they’re easy to stay ahead of.
Here’s everything you need to know about USPTO patent maintenance fees in 2026.
The Reality of Getting a Patent Granted
Once a patent is granted, it’s not protected until it expires.
That’s only true if the required maintenance payments are made.
For U.S. utility patents, the USPTO requires periodic payments to keep the patent enforceable. These are known as patent maintenance fees.
Design patents and plant patents generally don’t require these payments, making utility patents unique in this respect.
The Three Deadlines Every Patent Owner Should Know in 2026
One missed date can cost years of patent protection.
The current patent fee schedule requires maintenance payments at three points after your patent is granted.
| Payment | Due After Patent Grant |
| First Payment | 3.5 Years |
| Second Payment | 7.5 Years |
| Third Payment | 11.5 Years |
You don’t have to wait until the exact due date. The USPTO allows payments up to six months in advance, giving patent owners plenty of time to plan.
Missed the Deadline? What To Do Next
Perhaps the most common fear inventors have is:
“Did I just lose my patent?”
Not necessarily.
The USPTO provides a six-month grace period after each maintenance deadline.
During this window, you can still make your payment, although you’ll also need to pay a late surcharge.
However, once that grace period ends, the patent expires unless it can later be revived under very limited circumstances.
Can You Get an Expired Patent Back?
Sometimes, yes.
If your patent expired because a payment wasn’t made, you may be able to petition the USPTO to revive it.
But there’s an important catch.
You’ll generally need to show that the delay in paying was unintentional, submit the required paperwork, and pay all outstanding fees.
Choosing not to pay because you thought the invention wasn’t valuable, then changing your mind years later, typically won’t qualify.
Not Everyone Pays the Same Amount
One of the biggest advantages available to inventors is reduced fees.
The USPTO offers different levels of US patent fees depending on who owns the patent.
- Regular Entity
- Small Entity
- Micro Entity
Independent inventors, startups, qualifying small businesses, and nonprofits may be eligible for significant fee reductions.
However, claiming a reduced status incorrectly can create serious legal problems, so it’s essential to ensure you qualify before paying.
Understanding Your Patent Maintenance Costs
There isn’t a single price that applies to everyone.
Your total patent maintenance costs depend on:
- Your entity status
- The current USPTO fee schedule
- Whether any late-payment surcharges apply
USPTO fees are periodically updated so it’s always wise to confirm the latest amounts before submitting payment.
Can You Skip a Patent Renewal Fee?
Not every patent remains commercially valuable forever.
Businesses occasionally decide to stop paying a patent renewal fee when:
- The invention is no longer generating revenue.
- The technology has become obsolete.
- Maintaining the patent costs more than the protection is worth.
Five Simple Ways to Never Miss a Payment
Managing patent deadlines doesn’t have to be complicated.
A few good habits can save thousands of dollars and protect years of innovation.
✔ Record all three maintenance deadlines as soon as your patent is granted.
✔ Set multiple reminders well before each payment window opens.
✔ Confirm your entity status before every payment.
✔ Review updated USPTO fees before submitting payment.
✔ Work with an IP professional if you’re managing multiple patents.
The Bottom Line
Protect more than your patent. Protect its future. A granted patent is only valuable while it’s enforceable. Missing a maintenance payment can quietly undo years of innovation, investment, and hard work.
Staying ahead of maintenance requirements is essential to protecting your competitive advantage. Need help tracking deadlines, managing maintenance payments, or building a long-term IP strategy? Connect with the experts at Emanus and keep your patents working for you, year after year.
Frequently Asked Questions
Q: When are patent maintenance fees due?
For U.S. utility patents, patent maintenance fees are due 3.5 years, 7.5 years, and 11.5 years after the patent is granted. The USPTO allows payment up to six months before each deadline and provides a six-month grace period for late payments with an additional surcharge.
Q: How much are maintenance fees on a patent?
The cost of patent maintenance fees depends on whether you qualify as a regular, small, or micro entity under USPTO rules. Fees increase at each payment stage, and the USPTO periodically updates its fee schedule, so always check the current USPTO patent maintenance fees before making a payment.
Q: What is the cheapest way to patent an invention?
The most affordable approach is often to file a provisional patent application first, giving you 12 months to file a non-provisional application. If you qualify as a small or micro entity, you may also receive reduced USPTO filing fees.
Q: How much does it cost to maintain a trademark?
Unlike patents, trademarks don’t have maintenance fees due every few years. Instead, trademark owners must file required maintenance documents and renewal applications with the USPTO at specific intervals, along with the applicable government filing fees.
