What happens if I miss the maintenance fee payment and grace period?

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.

If you miss both the maintenance fee payment and the 6-month grace period, your patent will expire. However, the USPTO may accept late payments under certain conditions. According to MPEP 2501:

“The Director may accept the payment of any maintenance fee required by subsection (b) after the 6-month grace period if the delay is shown to the satisfaction of the Director to have been unintentional.”

To reinstate the patent, you must file a petition showing the delay was unintentional and pay the maintenance fee along with any required surcharges. If accepted, “the patent shall be considered as not having expired at the end of the grace period.”