Patent Term Calculator
Patent maintenance fees are periodic payments required to keep a U.S. utility patent in force after it is granted. These fees are due at 3.5, 7.5, and 11.5 years from the date of patent issuance. Failure to pay within the required timeframe (or the six-month grace period with a surcharge) results in the expiration of the patent. Design and plant patents do not require maintenance payments.
---------------
Enter the requisite information below for exemplary utility patent maintenance filings.
*Date of earliest related non-provisional application. Does not include provisional applications and foreign priority claims.
Heading 6
Need help maintaining your patent?
Please note that if the first date to pay falls on a weekend then the filing date would move to the next business day.
For Patent No:
The predicted expiration is:
The maintenance fee schedule is:
123456789012345
*6-month extensions with fee
Heading 6
Window
3.5 Years
7.5 Years
11.5 Years
First Day to Pay
Heading 6
Heading 6
Heading 6
Last Day To Pay*
Heading 6
Heading 6
Heading 6
Please note: Filing dates that fall on weekends will be moved to the next business day.
Need help maintaining your patent?
Disclaimer: The tool provided on this webpage is intended for informational purposes only and does not constitute legal advice or create an attorney-client relationship. While we strive to ensure the accuracy of the information generated by this tool, its use should not be considered a substitute for consulting with a qualified attorney. Users are advised not to rely on the results of this tool to make legally binding decisions, as the circumstances of each legal matter are unique and require individualized analysis. For specific legal advice or assistance, please contact our law firm directly to consult with an experienced attorney. By using this tool, you acknowledge and agree that the law firm shall not be liable for any errors, omissions, or decisions made based on the information provided herein.
Patent Term Calculator FAQ
What is the Patent Term Calculator, and what does it help me determine?
TCP Law's free Patent Term Calculator helps utility patent owners calculate their complete maintenance fee schedule and predicted patent expiration date. Enter your patent number, issue date, application filing date, earliest effective filing date, and any terminal disclaimer information to generate the full maintenance fee payment schedule at 3.5, 7.5, and 11.5 years from issuance. Contact TCP Law for professional patent maintenance management.
What are patent maintenance fees, and when are they due?
Patent maintenance fees are periodic USPTO payments required to keep a U.S. utility patent in force after grant. Fees are due at 3.5, 7.5, and 11.5 years from the date of issuance. Missing a payment — including the six-month grace period — results in patent expiration and the invention entering the public domain. Use the Patent Term Calculator to generate your full payment schedule. Read about patent term for further context.
Do all patent types require maintenance fee payments?
No — maintenance fees apply only to U.S. utility patents. Design patents and plant patents do not require maintenance payments to remain in force for their full term. This is an important distinction for patent owners with mixed portfolios. Only utility patents — protecting the functional aspects of inventions — are subject to the three maintenance fee payments at 3.5, 7.5, and 11.5 years. Read about patent types or contact TCP Law for portfolio guidance.
What is a Patent Term Adjustment, and why does the calculator ask for it?
A Patent Term Adjustment (PTA) extends a utility patent's term beyond the standard 20 years to compensate for USPTO examination delays. The Patent Term Calculator asks for any PTA because it directly affects the predicted expiration date. A patent with a PTA expires later than one without, and the maintenance fee schedule is calculated from the issue date — making accurate PTA input essential for a correct expiration calculation. Read more about patent term.
What is a terminal disclaimer, and why does it affect patent term calculations?
A terminal disclaimer limits a patent's term so it expires no later than a related patent — commonly required to address obviousness-type double patenting rejections. Because a terminal disclaimer caps the expiration date, it can shorten the effective term below the standard 20-year calculation. The Patent Term Calculator asks whether a terminal disclaimer exists to generate an accurate maintenance schedule and expiration prediction. Contact TCP Law if you are unsure whether your patent has a terminal disclaimer.
What is the six-month grace period for patent maintenance fees?
For each maintenance fee deadline — at 3.5, 7.5, and 11.5 years from issuance — the USPTO provides a six-month grace period during which the fee can still be paid with an additional surcharge. The Patent Term Calculator displays both the standard last day to pay and the grace period deadline for each window. Once the grace period closes without payment, the patent expires permanently. Contact TCP Law to manage your maintenance schedule proactively.
What happens if I miss a patent maintenance fee payment entirely?
Missing a maintenance fee payment — including the grace period — causes the utility patent to expire, placing the invention in the public domain where anyone can freely make, use, or sell it. While a USPTO petition process exists to revive unintentionally lapsed patents, it is not guaranteed and involves additional costs. Proactive deadline tracking using the Patent Term Calculator and professional maintenance management is far simpler and more reliable.
What is the "earliest effective filing date," and why does it matter?
The earliest effective filing date is the date of the earliest related non-provisional application to which the patent claims priority — excluding provisional applications and foreign priority claims. A utility patent's 20-year term is measured from this date — meaning time spent in prosecution reduces the remaining term after grant. The Patent Term Calculator uses this date alongside the issue date and any PTA to calculate the accurate predicted expiration. Read about patent term for more detail.
Does the Patent Term Calculator provide legally binding information about my patent?
No — the tool is explicitly for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Calculated schedules and expiration dates are based on user-entered information and may not account for all individual patent circumstances. Users are advised not to rely on results to make legally binding decisions. For specific guidance on your patent's term and maintenance obligations, contact TCP Law or book a free consultation.
Is it a myth that a patent protects my invention for a full 20 years from the date it was granted?
Yes — the 20-year term is measured from the earliest effective filing date, not the grant date. Since prosecution typically takes years, the remaining term at grant is shorter than 20 years. Additionally, all three maintenance payments at 3.5, 7.5, and 11.5 years from issuance must be made to maintain protection. A terminal disclaimer may further shorten the term. Use the Patent Term Calculator to determine your patent's actual expiration date.
