Patent / Trademark Deadline
USPTO response and renewal deadlines.
These calculators are for informational purposes only and do not constitute legal, financial, or professional advice.
How the Patent / Trademark Deadline works
The Patent / Trademark Deadline calculator projects the long-tail USPTO dates that kill more rights than any filing deadline: patent maintenance fees due 3.5, 7.5, and 11.5 years after grant, and trademark §8 declaration and §9 renewal windows that open five and nine years after registration. Enter one anchor date, pick patent or trademark mode, and it lays out the full timeline at once.
In patent mode the anchor date does double duty. Enter an office action mailing date to see the three-month response deadline and the six-month statutory maximum (extensions beyond three months cost fees; nothing extends past six). Enter a grant date instead and the three maintenance-fee dates are what matter — each payable without surcharge in the six months before it falls due, and with a surcharge in the six-month grace period after.
In trademark mode, enter the federal registration date. The calculator returns the §8 declaration of continued use window (between the fifth and sixth anniversaries) and the §9 renewal window (between the ninth and tenth), both as explicit date ranges. The combined §8/§9 filing then repeats every ten years. These are general-information timelines for standard US utility patents and federal registrations — confirm controlling dates with an IP attorney before relying on them.
Worked example
A utility patent granted March 12, 2024 owes maintenance fees on September 12, 2027 (3.5 years), September 12, 2031 (7.5 years), and September 12, 2035 (11.5 years) — each payable from six months before, and up to six months after with a surcharge. A trademark registered March 12, 2024 must file its §8 declaration between March 12, 2029 and March 12, 2030, and its §9 renewal between March 12, 2033 and March 12, 2034.
Frequently asked questions
What happens if I miss a patent maintenance fee?
After the six-month surcharge grace period ends, the patent expires. The USPTO can reinstate an unintentionally lapsed patent by petition, but intervening rights may protect anyone who began practicing the invention while it was lapsed — reinstatement is a costly rescue, not a safety net.
Is a missed trademark §8 or §9 filing recoverable?
Each window has a six-month grace period with an extra fee. After that the registration is cancelled, and unlike a lapsed patent it generally cannot be revived — you start over with a new application, new examination, and priority only from the new filing date.
Which date should I enter as the start date?
It depends on the deadline family: the office action mailing date for response deadlines, the patent grant date for maintenance fees, or the trademark registration date for §8/§9 windows. The calculator projects every timeline from the single date you give it, so run it once per anchor date you care about.