What happens if a maintenance fee is paid at the wrong entity status rate?

If a maintenance fee is paid at the wrong entity status rate, it can lead to either an overpayment or underpayment. The MPEP 2550 addresses this issue:

“Where a maintenance fee is paid at the undiscounted rate by an entity that is entitled to pay the small entity rate, a refund may be requested. […] Where a maintenance fee is paid at the small entity rate by an entity that is not entitled to pay the small entity rate, the Office will adjust the entity status and require the deficiency to be paid.”

In case of overpayment, a refund can be requested. For underpayment, the USPTO will require the deficiency to be paid to maintain the patent.

To learn more:

• maintenance fee errors
• entity status mistakes
• fee adjustments