What happens if I erroneously pay small entity fees?

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.

If you erroneously pay small entity fees in good faith, you can correct the error by:

• Submitting a separate deficiency payment for each application or patent
• Itemizing the deficiency payment with specific details
• Paying the full deficiency amount owed

As stated in 37 CFR 1.28(c): “If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status as a small entity was established in error, or that through error the Office was not notified of a loss of entitlement to small entity status as required by § 1.27(g)(2), the error will be excused upon: compliance with the separate submission and itemization requirements of paragraphs (c)(1) and (c)(2) of this section, and the deficiency payment requirement of paragraph (c)(2) of this section.”