Patent Maintenance fees are exclusively for utility patent grants and are periodic fees paid to the United States Patent and Trademark Office to keep the utility patent valid during the course of the grant. An important distinction is that design patents and plant patents do not have maintenance fees associated with the grants, Once plant patents and design patents are granted there is no maintenance needed and the patent will expire naturally at the end of the grant. Utility patent maintenance fees are due every 3.5 years, 7.5 years, and 11.5 years after the patent is granted, and these fees vary in cost depending on a few factors, the largest factor being the size of the entity holding the patent grant. There is a six (6) month surcharge period in where the maintenance fee can be paid after the deadline for an additional surcharge fee, which also varies based on the size of the patent grant owner’s entity. Failure to pay the maintenance fees on a utility patent will cause the patent to lapse or expire, creating a loss of the rights from the grant and allowing the rights to become part of the public domain prematurely, therefore its important to docket these maintenance fee dates and pay them timely!
