When can maintenance fees for utility patents be paid?

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 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.“