Do small entities receive a discount on maintenance fees?

Small entities do indeed receive a discount on certain maintenance fees. The United States Patent and Trademark Office (USPTO) recognizes small entities—typically, businesses that qualify as small businesses under the Small Business Act, or independent inventors—as eligible for reduced fees. However, this discount does not extend to all fees uniformly.

The specific maintenance fees that are reduced for small entities are the maintenance fees that must be paid to keep a granted patent in force after its issuance. This applies to maintenance fees due at the 3.5, 7.5, and 11.5-year intervals. While small entities receive these reductions, other fees may not see the same treatment. For example, the initial application fees or certain other fees may not include any discount for small entities.

This distinction is crucial for patent holders who identify as small entities and seek to manage their patent costs effectively.