What should I do if I lose entitlement to small entity status?

If you lose entitlement to small entity status, you must notify the USPTO before or at the time of paying the earliest of the issue fee or any maintenance fee due after the change. According to 37 CFR 1.27(g)(2): ‘notification of any change in status resulting in loss of entitlement to small entity status be filed in the application or patent prior to paying, or at the time of paying, the earliest of the issue fee or any maintenance fee due after the date on which status as a small entity is no longer appropriate.’

This notification should be a specific written assertion, not just payment of a non-small entity fee. For example, when paying the issue fee, you should:

• Check the appropriate box on Part B of the PTOL-85 form to indicate the change in entity status
• Pay the fee amount for a non-small entity

To learn more:

• small entity status
• change in status
• patent fees
• USPTO notification

To learn more:

• status change