What happens if I wrongly claim small entity status?
What happens if I wrongly claim small entity status?
Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03:
“Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.”
The consequences of fraudulently claiming small entity status may include:
- Requirement to pay all fee deficiencies
- Possible invalidation of the patent
- Potential legal action for fraud
If you discover an error in your small entity claim, it’s crucial to promptly notify the USPTO and pay any fee deficiencies. Honest mistakes, if corrected in good faith, are generally not considered fraud.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure