USPTO Open Data Portal · Petition decisions 2010–2025 · Last updated October 14, 2026
Thousands of small inventors lose a patent each year over a late fee, then ask for it back. In 2025, the patent office decided 2,654 petitions from small and micro entities to reinstate a patent that expired because a maintenance fee wasn’t paid on time. That’s 85% of all such petitions, and up from 1,199 in 2015. Most get their patent back: 83% of small-entity petitions and 78% of micro-entity petitions were granted, compared with 88% for large companies.
Reinstatement petitions keep rising
A U.S. patent stays in force only if the owner pays maintenance fees at 3.5, 7.5 and 11.5 years after it’s granted. There’s a 6-month grace period with a surcharge. After that the patent expires. Owners whose delay was unintentional can petition to reinstate it.
Small and micro entities filed 5.5 times as many of these petitions as large companies in 2025.
Who gets their patent back
Grant rates for small and micro entities have slipped since the late 2010s: 92% for small entities in 2018 and 83% in 2025. Most of the rest were dismissed, not denied. The patent office’s examiner manual on late maintenance fees lists what a petition needs.
Abandoned applications, too
The same thing happens before a patent is granted. If an applicant misses a deadline to reply, the application is abandoned. It can be revived with a petition if the delay was unintentional. In 2025, small and micro entities had 4,928 revival decisions and large companies 2,257. 76% of small and micro petitions were granted, compared with 86% for large companies. Micro entities had the lowest rate, 66%. See the manual on abandonment and revival.
Where the owners are
The petition data doesn’t say where inventors live, so we looked up a random sample of 600 of the 2,378 small- and micro-entity patents with a 2025 reinstatement decision. We used the first inventor’s home address. 20% had a first inventor outside the U.S. Among the 478 U.S. ones, these states had at least 10:
| State (first inventor) | Patents in sample | Share of U.S. sample |
|---|---|---|
| California | 123 | 26% |
| Texas | 38 | 8% |
| New York | 27 | 6% |
| Florida | 26 | 5% |
| New Jersey | 20 | 4% |
| Massachusetts | 19 | 4% |
| Utah | 18 | 4% |
| Connecticut | 17 | 4% |
| Maryland | 15 | 3% |
| Illinois | 13 | 3% |
| Nevada | 12 | 3% |
| Pennsylvania | 11 | 2% |
| Colorado | 11 | 2% |
States with more inventors overall will show up more here. This shows where the petitions came from, not which states miss fees more often.
How to avoid losing a patent over a fee
- Put all three maintenance fee dates on your calendar the day your patent is granted. You can’t pay early, but you can pay any time in the 6-month window before each due date.
- Keep your correspondence address current with the patent office so reminders reach you.
- If you miss a fee, act quickly. Look up current amounts on the patent office fee schedule.
- Related: small businesses’ share of AI patents and the 4 reasons patents get rejected.
Download the data
Cite or share this data
Source: StartBusinessByState.com analysis of USPTO Open Data Portal petition decision data. https://startbusinessbystate.com/patent-reinstatement-petitions/
Methods and caveats
- Source. USPTO Open Data Portal, Petition Decision Search, by decision date. Pulled October 14, 2026.
- Reinstatement. Petition type codes 533, 563 (reinstate patent, unintentionally delayed maintenance fee). Revival: codes for reviving an abandoned application (12 codes, including national stage).
- Counts are decisions, not unique patents. A dismissed petition that is filed again shows up twice.
- Entity size is the status recorded on the decision record.
- Granted includes “granted in part.”
FAQ
What is a maintenance fee?
After a U.S. utility patent is granted, the owner has to pay fees to keep it in force, due 3.5, 7.5 and 11.5 years after the patent issues. Miss the fee and the 6-month grace period, and the patent expires.
Can an expired patent be brought back?
Yes, if the delay was unintentional. The owner files a petition with the unpaid fee, a surcharge and a statement that the delay was unintentional. Check the patent office's current fee schedule for amounts.
What does 'dismissed' mean?
Dismissed usually means the petition was missing something, such as a fee or a required statement. The owner can usually fix it and file again. A denial is a final no and is rare.
Who counts as a small or micro entity?
Small entities are generally individuals, small businesses with fewer than 500 employees, nonprofits and universities. Micro entities are a narrower group with income and filing limits. Both pay reduced patent office fees.
How often is this updated?
Once a year, after the year's decisions are in the data.