How long does small entity status last?

Once small entity status is established in an application or patent, it remains in effect until:

  • The issue fee is due, or
  • Any maintenance fee is due

At these points, a new determination of entitlement to small entity status is required. As stated in 37 CFR 1.27(g)(1): “Once small entity status is established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.”

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