Today we will talk about the issue of annual patent fees in the United States, which is a concern for many people in patent applications.

The patent maintenance fee in the United States is paid in three installments, with the first installment paid in the third to third fifth year after authorization; The second payment will be made between the 7th and 7.5th year after authorization; The third time is from the 11th to the 11th year after authorization.

According to the above fee schedule (screenshot from USPTO Fee Schedule September 2023), it is very obvious that the payment of annual fees for US patents can be divided into three stages:

Normal payment stage, no extension. The 3.5 years, 7.5 years, and 11.5 years mentioned above are all deadline days, and applicants/agents can start paying in the first half of the above-mentioned deadline period.

If the above deadline is missed, there is still a 6-month grace period, which is called the "grace period", which is 3.5-4 years, 7.5-8 years, and 11.5-12 years. The cost is the annual fee plus late fees. From the above table, it can be seen that the late fee is fixed at $500 per large entity, $200 per small entity, and $100 per micro entity.

If the annual fee and any applicable late fees are not paid within the prescribed time, the patent protection becomes invalid and the rights provided by the patent are no longer enforceable. The United States Patent and Trademark Office does not issue notices to pay annual fees, so patent owners are responsible for ensuring timely payment of annual fees and any applicable late fees to prevent patent expiration. If the annual fee and any applicable late fees are not paid within 4, 8, or 12 years after authorization, the patent right shall become invalid, and the Patent Office shall send a notice of patent expiration to the registered communication address.