MPEP § 2506 — MPEP § 2506
Current through: 2022-07-01

2506-Times for Submitting Maintenance Fee Payments 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

 Skip over navigation 
 
 
 
 
 
 
 
 search for patents | search for trademarks 

 
 
 
 
 
 
 
 
 
 
 
 Search 
 
 
 

 
 

 
 
 
 
 
 PATENTS 
 
 Patent Search 

 
 Patent Process 

 
 Patent Classification 

 
 Patent Forms 

 
 Statistics 

 
 Electronic Business Center 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Resources and Guidance 

 
 Office of Data Management 

 
 Announcements 

 
 Initiatives & Events 

 
 International Protection 

 
 Employee Locator 

 
 Contact Patents 

 

 

 
 TRADEMARKS 
 
 Trademark Search 

 
 Trademarks Process 

 
 News & Notices 

 
 Manuals, Guides, Official Gazette 

 
 Laws & Regulations 

 
 Online Filing 

 
 Contact Trademarks 

 

 

 
 IP LAW & POLICY 
 
 Rulemaking 

 
 IP Policy and Enforcement 

 
 Protecting IP Overseas 

 
 Training and Education 

 
 Training Programs & Conferences 

 
 Office of Governmental Affairs 

 
 Office of Chief Economist 

 
 Boards and Counsel 

 

 

 
 PRODUCTS & SERVICES 
 
 Electronic Data Products 

 
 XML Resources 

 
 XML Resources - Retrospective 

 
 USPTO Contact Center Order Form 

 
 Services 

 
 Locate Libraries 

 
 Training/Events 

 
 Online Services Hub 

 

 

 
 INVENTORS 
 
 Patents for Inventors 

 
 Trademarks for Inventors 

 
 Inventors Assistance 

 
 Education and Information 

 
 Scam Prevention 

 
 Pro Se and Pro Bono 

 
 Current Events 

 
 State Resources 

 
 InventorsEye Newsletter 

 

 

 
 NEWS & NOTICES 
 
 Subscription Center 

 
 Press Releases 

 
 Testimony and Speeches 

 
 Director's Forum 

 
 Systems Status 

 
 Emergency Notices 

 
 USPTO Videos 

 
 Official Gazette 

 
 Federal Register Notices 

 
 Event Calendar 

 

 

 
 FAQs 
 
 Patents FAQs 

 
 Trademarks FAQs 

 
 Assignments 

 
 Security 

 
 Musicians and Artists 

 
 Browser Plugins 

 
 Other Web Resources 

 

 

 
 ABOUT US 
 
 USPTO Leadership 

 
 USPTO Organization 

 
 USPTO Offices 

 
 Careers 

 
 Budget, Performance, and Planning 

 
 Statistics 

 
 Vendor Information 

 
 Public Advisory Committees 

 
 National Medal of Technology and Innovation 

 
 IP in Motion 

 
 Contact Us 

 

 

 
 
 

 

 
 

 
 
 
 
 Home Page 

 
 Patents 

 
 Patent Laws, Regulations, Policies & Procedures 

 
 Manual of Patent Examining Procedure 

 Chapter 2500 

 Section 2506 
 

 
 
 
 
 
 2506 Times for Submitting Maintenance Fee Payments [R-10.2019]

 Maintenance fees cannot be paid in advance since
 35 U.S.C.
 41(f) permits maintenance fees to be adjusted every year on
 October 1 to reflect any fluctuations during the previous 12 months in the Consumer
 Price Index as determined by the Secretary of Labor.
 

 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. The “due dates”
 are defined in 35
 U.S.C. 41(b) . The window periods are (1) 3 years to 3 1/2 years
 after the date of issue for the first maintenance fee payment, (2) 7 years to 7 1/2
 years after the date of issue for the second maintenance fee payment, and (3) 11 years
 to 11 1/2 years after the date of issue for the third and final maintenance fee payment.
 A maintenance fee paid on the last day of a window period can be paid without surcharge.
 The last day of a window period is the same day of the month the patent was granted 3
 years and 6 months, 7 years and 6 months, or 11 years and 6 months after grant of the
 patent.
 

 37 CFR
 1.362(e) sets forth the time periods when the maintenance fees
 for a utility patent can be paid with surcharge. Those periods, referred to generally as
 the “grace period,” are the 6-month periods immediately following each due date. The
 grace periods are (1) 3 1/2 years and through the day of the 4th anniversary of the
 grant of the patent, (2) 7 1/2 years and through the day of the 8th anniversary of the
 grant of the patent and, (3) 11 1/2 years and through the day of the 12th anniversary of
 the grant of the patent. A maintenance fee may be paid with the surcharge on the same
 date (anniversary date) the patent was granted in the 4th, 8th, or 12th year after grant
 to prevent the patent from expiring.
 

 Maintenance fees for all reissue patents are due based upon the schedule
 established for the original utility patent. The filing of a request for ex
 parte or inter partes reexamination and/or the
 publication of a reexamination certificate does not alter the schedule of maintenance
 fee payments of the original patent.
 

 If the day for paying a maintenance fee falls on a Saturday, Sunday, or
 a federal holiday within the District of Columbia, the maintenance fee may be paid on
 the next succeeding day that is not a Saturday, Sunday, or federal holiday. For example,
 if the window period for paying a maintenance fee without a surcharge ended on a
 Saturday, Sunday, or a federal holiday within the District of Columbia, the
 maintenance fee can be paid without surcharge on the next succeeding day that is not a
 Saturday, Sunday, or a federal holiday within the District of Columbia. Likewise, if the
 grace period for paying a maintenance fee with a surcharge ended on a Saturday, Sunday,
 or a federal holiday within the District of Columbia, the maintenance fee can be paid
 with surcharge on the next succeeding day that is not a Saturday, Sunday, or a federal
 holiday within the District of Columbia. In the latter situation, the failure to pay the
 maintenance fee and surcharge on the next succeeding day that is not a Saturday, Sunday,
 or a federal holiday within the District of Columbia will result in the patent expiring
 on a date (4, 8, or 12 years after the date of grant) earlier than the last date on
 which the maintenance fee and surcharge could be paid. This situation results from the
 provisions of 35 U.S.C. 21 , but those provisions do not extend the expiration
 date of the patent if the maintenance fee and any required surcharge are not paid
 when required. For example, if the grace period for paying a maintenance fee with a
 surcharge ended on a Saturday, the maintenance fee and surcharge could be paid on the
 next succeeding business day, e.g., Monday, but the patent will have expired after
 midnight on Saturday (e.g., on Sunday) if the maintenance fee and surcharge were not
 paid on the following Monday. Therefore, if the maintenance fee and any applicable
 surcharge are not paid, the patent will expire as of the end of the grace period as
 listed above. A patent that expires for failure of payment will expire on the day
 following the anniversary date the patent was granted in the 4th, 8th, or 12th year
 after the grant.
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2501-Introduction 

 2502-2503-[Reserved] 

 2504-Patents Subject to Maintenance Fees 

 2505-[Reserved] 

 2506-Times for Submitting Maintenance Fee Payments 

 2507-2509-[Reserved] 

 2510-Submission of Maintenance Fee Payments and Documents 

 2511-2514-[Reserved] 

 2515-Information Required for Submission of Maintenance Fee Payment 

 2516-2519-[Reserved] 

 2520-Maintenance Fee Amounts 

 2521-[Reserved] 

 2522-Methods of Payment 

 2523-2529-[Reserved] 

 2530-Special Acceptance of Maintenance Fee Payments Containing Informalities 

 2531-Payment Late or Insufficient 

 2532-Duplicate Payments 

 2533-2539-[Reserved] 

 2540-Fee Address for Maintenance Fee Purposes 

 2541-[Reserved] 

 2542-Change of Correspondence Address 

 2543-2549-[Reserved] 

 2550-Entity Status Discounts 

 2551-2559-[Reserved] 

 2560-Revocation of Power of Attorney and Withdrawal of Attorney 

 2561-2569-[Reserved] 

 2570-Maintenance Fee Payment Status Requests 

 2571-2574-[Reserved] 

 2575-Notices 

 2576-2579-[Reserved] 

 2580-Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent 

 2581-2589-[Reserved] 

 2590-Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent 

 2591-Intervening Rights in Reinstated Patents 

 2592-2594-[Reserved] 

 2595-Forms 

 

 

 
 

 
 
 

 
 

 

 
 
 Accessibility 

 Privacy Policy 

 Terms of Use 

 Security 

 Emergencies/Security Alerts 

 Information Quality Guidelines 

 
 

 
 
 Federal Activities Inventory Reform (FAIR) Act 

 Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act 

 Budget & Performance 

 Freedom of Information Act (FOIA) 

 
 

 
 
 Department of Commerce NoFEAR Act Report 

 Regulations.gov 

 STOP!Fakes.gov 

 Department of Commerce 

 USA.gov 

 
 

 
 
 Strategy Targeting Organized Piracy (STOP!) 

 Careers 

 Site Index 

 Contact Us 

 Submit Feedback 

 
 

 
 This page is owned by Patents.

 Last Modified: 
 
 03/09/2026 20:49:36