How are maintenance fee due dates calculated for patents?

How are maintenance fee due dates calculated for patents?

Maintenance fee due dates for patents are calculated based on the date the patent was granted. According to MPEP 2506:

“Three maintenance fees as required by 35 U.S.C. 41(b) are due at 3 1/2, 7 1/2 and 11 1/2 years after the date of grant of the patent.”

To calculate the specific due dates:

  • First maintenance fee: Due 3 years and 6 months after the patent grant date
  • Second maintenance fee: Due 7 years and 6 months after the patent grant date
  • Third maintenance fee: Due 11 years and 6 months after the patent grant date

It’s important to note that these dates mark the end of the period during which the fee can be paid without surcharge. The actual payment window opens 6 months before each due date, allowing for early payment without additional fees.

To learn more:

Topics: MPEP 2500 - Maintenance Fees, MPEP 2506 - Times For Submitting Maintenance Fee Payments, Patent Law, Patent Procedure
Tags: Fee Due Dates, Maintenance Fee Calculation, Patent Grant Date