When can maintenance fees for utility patents be paid?

Maintenance fees for utility patents can be paid during specific time periods as outlined in MPEP 2506:

• Window Period: Fees can be paid without surcharge during the 6-month periods preceding each due date, as defined in 35 U.S.C. 41(b).
• Grace Period: Fees can be paid with a surcharge during the 6-month periods immediately following each due date.

The specific periods are:

• First maintenance fee: 3 to 3.5 years after the issue date
• Second maintenance fee: 7 to 7.5 years after the issue date
• Third maintenance fee: 11 to 11.5 years after the issue date

The MPEP states: “37 CFR 1.362(d) sets forth the time periods when the maintenance fees for a utility patent can be paid without surcharge. Those periods, referred to generally as the “window period,” are the 6-month periods preceding each due date.“

To learn more:

• maintenance fees
• utility patents
• window period
• grace period
• patent expiration