How to Calculate Patent Maintenance Fees
At each payment, ask: is this patent generating or protecting revenue exceeding the maintenance cost? If not, consider abandoning.
01
US Patents (USPTO)
Three Payments Over 20 Years
US patents require three maintenance payments after grant. A 6-month grace period with surcharge follows each deadline.
| Deadline | Small Entity | Micro Entity |
|---|---|---|
| 3.5 years after grant | $1,000 | $500 |
| 7.5 years after grant | $1,880 | $940 |
| 11.5 years after grant | $3,850 | $1,925 |
02
European Patents
Annual Fees Per Validated Country
European patents require annual renewal fees paid to each national office where validated — typically €100–€1,500 per country per year. Costs escalate over the patent term. A patent validated in 5 countries costs €500–€7,500 per year in renewals alone.
03
China, Japan, South Korea
Annual Fees From Year of Grant, Escalating
Annual fees start from the year of grant and increase over time. China starts at ~RMB 900/year, rising to RMB 8,000/year. Japan starts at ~¥10,300/year. South Korea starts at ~KRW 45,000/year.
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Decision Point
Pay or Abandon?
At each payment, evaluate: Is the patent generating licensing revenue? Is it protecting a product from competition? Is it part of a portfolio strategy? Would abandoning it give competitors freedom to operate? If the answer to all is "no," consider letting it lapse.
Revenue TestProtection TestPortfolio TestCompetitor Test
⚠ Pitfalls to Avoid
Missing a Deadline
Missing a maintenance fee deadline starts a 6-month grace period with surcharges. Missing the grace period deadline permanently lapses the patent. Set calendar reminders at least 3 months before each deadline.
Paying Without Evaluating
Maintenance fees escalate over time. A patent that made strategic sense at year 4 may be worthless at year 12. Evaluate at each payment whether the patent justifies continued investment.
Forgetting European Country-by-Country Fees
A European patent validated in 8 countries can cost €4,000–€12,000 per year in renewals alone. Consider dropping low-value countries while maintaining protection in key markets.