Renewal Procedure at the US Patent & Trademark Office
Renewal fees are only due three times during the life of a US patent. They are only payable after the patent has been granted.
The first fee is due three years and six months after grant, and its payment permits the patent to remain in force beyond the fourth anniversary of grant. The second fee is payable by seven years and six months after grant, and the third by eleven years and six months.
Fees can be paid up to six months before the deadline.
Penalty fees for late payment start immediately after the payment due date has passed, as detailed in the table below. The patent lapses after six months.
There are three classification of entity type for US Patents: Large, Small and Micro. Small Entities pay 50% of the Large Entity fees and Micro Entities just 25%. A Small Entity is an individual, business with less than 500 employees, or a not-for-profit organisation (such as a university). The entity must not have licensed the patent rights to a Large Entity and must not be under any contractual obligation to do so. A Micro Entity is a subset of Small Entities. To qualify as a Micro Entity, the patent applicant must also not be named on more than four previous applications and must not have an income of excess of three times the previous year’s median household income (approximately 3 x $50,000).
Renewal Fee Schedule
Fees are listed in US Dollars.
Penalty Fees:
| Large Entity Penalty Fee | Small Entity Penalty Fee | Micro Entity Penalty Fee |
|---|---|---|
| $160 | $80 | $40 |
Renewal Fees:
| For Patent Years | Large Entity Renewal Fee | Small / Micro Entity Renewal Fee |
|---|---|---|
| 4+ | $1,600 | $800 / $400 |
| 8+ | $3,600 | $1,800 / $900 |
| 12+ | $7,400 | $3,700 |