Can I change my entity status after paying a maintenance fee?

Can I change my entity status after paying a maintenance fee?

Yes, you can change your entity status after paying a maintenance fee, but there are important considerations:

• If you change from a higher fee-paying entity to a lower fee-paying entity (e.g., large to small), you cannot receive a refund for previously paid fees.
• If you change from a lower fee-paying entity to a higher fee-paying entity (e.g., small to large), you may need to pay the difference in fees.

The MPEP 2550 states: “Once a maintenance fee is paid in the large entity amount, a refund based on later establishment of small entity status is not possible. However, a patentee may file a petition under 37 CFR 1.28(a) to request a refund of any overpayment of the maintenance fee due to an unintentional payment of the fee as a large entity.” Always ensure you promptly update your status if it changes to avoid potential issues with fee payments.

To learn more:

• entity status change
• maintenance fees
• fee adjustments
• patent fees