Is there a grace period for paying maintenance fees?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

Yes, there is a grace period for paying maintenance fees. According to MPEP 2501:

“Unless payment of the applicable maintenance fee under paragraph (1) is received in the Office on or before the date the fee is due or within a grace period of 6 months thereafter, the patent shall expire as of the end of such grace period.”

This means you have an additional 6 months after the due date to pay the maintenance fee, but the USPTO may require a surcharge for payments made during this grace period.