When are maintenance fees due for utility patents?

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.

Maintenance fees for utility patents are due at specific intervals after the patent grant. According to MPEP 2504:

“Maintenance fees may be paid in patents without surcharge during the periods extending respectively from: (1) 3 years through 3 years and 6 months after grant for the first maintenance fee, (2) 7 years through 7 years and 6 months after grant for the second maintenance fee, and (3) 11 years through 11 years and 6 months after grant for the third maintenance fee.”

There is also a grace period with a surcharge for each maintenance fee payment, extending 6 months beyond these periods.