Does paying a fee in a non-micro entity amount automatically change my entity status?

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

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.

No, paying a fee in a non-micro entity amount does not automatically change your entity status. According to MPEP 509.04(e):

Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.

To properly notify the USPTO of a change in entity status, you must file a separate notification in the application or patent. This notification must be filed prior to or at the time of paying any fee after the date on which micro entity status is no longer appropriate.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Entity Status Change, Micro Entity Status, patent fees, USPTO fees