How does the USPTO verify small entity status for maintenance fee payments?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO does not generally question small entity status claims for maintenance fee payments. According to MPEP 2550:

“The Office does not normally make any inquiry or investigation into the continued qualification of any entity as a small entity but accepts the assertion filed with the maintenance fee payment.”

However, the Office may question the status if there’s information suggesting the entity no longer qualifies. Patent owners are responsible for notifying the Office of any change in status.

Topics: MPEP 2500 - Maintenance Fees MPEP 2550 - Entity Status Discounts Patent Law Patent Procedure
Tags: Correspondence General, Fees 1 20, micro entity