Patent Intelligence · Maintenance Fees
When do patents get abandoned?
US patents require maintenance fees at 3.5, 7.5, and 11.5 years after grant. Miss a payment and the patent lapses. This data shows exactly how many patents survive each checkpoint — and which technology domains have the highest abandonment rates.
Survive 1st fee (3.5yr)
100%
Survive 2nd fee (7.5yr)
100%
Survive 3rd fee (11.5yr)
100%
Expired patents analyzed
271
Where Patents Die — Overall Distribution
Measured from grant date to expiration date. All are confirmed-expired patents.
Lapsed at 1st renewal
Paid 1st, missed 2nd · 3.5–7.5 yrs post-grant
0.4%
1 patents
Expired after 3rd renewal
Paid all 3, expired before 20yr · 11.5–19 yrs post-grant
88.6%
240 patents
Full-term patents
Ran to 20yr or PTA extension · ≥ 19 yrs post-grant
11.1%
30 patents
Survival Rate by Domain
Sorted by % reaching full term. Each row shows the fraction surviving each maintenance checkpoint.
| Domain | Past 3.5yr | Past 7.5yr | Past 11.5yr | Full term | n |
|---|---|---|---|---|---|
| Clean Energy | 100% | 100% | 100% | 17% | 24 |
| Automotive | 100% | 100% | 100% | 13% | 30 |
| Mechanical Engineering | 100% | 100% | 100% | 13% | 152 |
| Consumer Electronics | 100% | 99% | 99% | 10% | 168 |
| Semiconductors | 100% | 98% | 98% | 9% | 57 |
| Biotechnology | 100% | 100% | 100% | 7% | 30 |
| E-Commerce | 100% | 94% | 94% | 6% | 16 |
| Telecommunications | 100% | 98% | 98% | 3% | 60 |
| Pharmaceuticals | 100% | 100% | 100% | 0% | 13 |
| Software | 100% | 98% | 98% | 0% | 47 |
| AI & Machine Learning | 100% | 100% | 100% | 0% | 8 |
USPTO maintenance fee schedule
US maintenance fees are due at 3.5, 7.5, and 11.5 years after grant (with a 6-month grace period). Current fees: $2,000 (small entity) at 3.5yr; $3,760 at 7.5yr; $7,700 at 11.5yr. Miss the deadline and the patent expires — but can be revived within 2 years if delay was unintentional.
Why pharma patents survive longest
Drug patents are worth billions. Companies will always pay $7,700 to keep a blockbuster alive. Software patents, by contrast, often cover technologies with 3-5 year commercial cycles — when the product ships, the patent value drops and owners stop paying.
What lapsed patents reveal
A lapsed patent is evidence: the owner decided the IP wasn't worth $2,000+/year to maintain. For FTO (freedom-to-operate) analysis, lapsed patents are immediately public domain — no license needed. A competitor's lapsed patent is your opportunity.