What is the “Window Period” for patent maintenance fee payments?

The “Window Period” for patent maintenance fee payments refers to the specific timeframe during which these fees can be paid without incurring late fees or risking patent expiration. According to MPEP 2575:

“The ‘window period’ is the period of time at the end of the full term of a patent during which the maintenance fee can be paid without surcharge. The ‘due date’ is the last day of the ‘window period.'”

Specifically:

  • First maintenance fee: payable at 3 to 3.5 years from the date of grant
  • Second maintenance fee: payable at 7 to 7.5 years from the date of grant
  • Third maintenance fee: payable at 11 to 11.5 years from the date of grant

Paying within this window period ensures timely payment without additional costs.

To learn more:

Topics: MPEP 2500 - Maintenance Fees, MPEP 2575 - Notices, Patent Law, Patent Procedure
Tags: Due Date, Maintenance Fee Payment, patent term, surcharge, Window Period