The Post-Grant Requirements step is all about what happens after your utility patent has been granted. Owning a patent is not “set it and forget it”—you must actively maintain it over time to keep it in force and enforceable. The reason post-grant maintenance fees only apply to utility patents (and not design or plant patents) comes down to the differences in scope, duration, and economic intent of these patent types.
In short, only utility patents require maintenance fees because they offer the broadest and most valuable protections, and the USPTO uses the fee structure to ensure the system isn’t burdened with unused or obsolete patents.
Utility patents require maintenance fees to stay in effect. These fees are due at three specific times:
| Maintenance Fee Window | Grace Period | Notes |
|---|---|---|
| 3.5 years after grant | 6 months | First fee to keep patent active past year 4 |
| 7.5 years after grant | 6 months | Second fee to keep it active past year 8 |
| 11.5 years after grant | 6 months | Final fee to keep it alive until year 20 |
You can pay during the 6-month grace period after each deadline, but you’ll owe a surcharge. If you don’t pay, your patent will lapse and become unenforceable.
You can (and should) request corrections if you discover errors in the patent:
| Type of Error | Correction Tool |
|---|---|
| Typos, name/address errors | Certificate of Correction (simple filing) |
| Major mistakes | Reissue Patent Application (if substantive changes are needed) |
You should also record any ownership changes with the USPTO Assignment Recordation Branch.
This guide is designed to share information on patent protections, searching and related topics. This guide does not supply legal advice nor is it intended to replace the advice of legal counsel.