Toys-Games · Viral Toys

Is the Fidget Spinner Patented?

Catherine Hettinger filed US 5,591,062 in 1993 but let it lapse in 2005 when she couldn't afford the $400 renewal fee. That's why the 2017 fidget-spinner boom had no enforceable patent — anyone could sell them.

Quick answer

Complicated — original inventor lost rights

Catherine Hettinger filed US 5,591,062 in 1993 but let it lapse in 2005 when she couldn't afford the $400 renewal fee. That's why the 2017 fidget-spinner boom had no enforceable patent — anyone could sell them.

The full story

The fidget spinner is the most-cited recent example of why keeping up with USPTO maintenance fees matters. Hettinger's patent was valid when filed, but U.S. utility patents require maintenance fees at 3.5, 7.5, and 11.5 years after grant. She missed the 2005 renewal window.

When the toy went viral in 2017, the original patent had been public domain for 12 years. Hundreds of manufacturers profited; the inventor received nothing.

Key patents on the Fidget Spinner

Every patent number below is a live USPTO record — click through to read the original claims on Google Patents.

  1. US 5,591,062 (1997)Spinning toy (the original fidget spinner concept). Status: expired / public domain.

What to know

  • U.S. utility patents have maintenance fees at 3.5, 7.5, and 11.5 years — miss one and the patent lapses.
  • This is a top cautionary tale for independent inventors who file but can't fund renewals.

Frequently asked

Did the fidget spinner inventor get paid during the 2017 boom?

No. Catherine Hettinger let her patent lapse in 2005 by not paying a $400 maintenance fee. By the time the toy went viral in 2017, the IP was public domain.

Have your own invention idea?

If a product like Fidget Spinnercan get patent protection, your idea probably can too — assuming it’s novel. The cheapest first step is a provisional patent application, which locks in your priority date for 12 months while you validate the market. LegalZoom files provisionals from $199 + USPTO fees; you can also read the official USPTO patent basics first if you prefer.

Scan my idea for freeFile a provisional from $199

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