What are the consequences of improperly claiming small entity status?
What are the consequences of improperly claiming small entity status?
Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “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.” This means that intentionally falsely claiming small entity status is considered fraud. Consequences may include:
- Invalidation of the patent
- Requirement to pay back all fee differences
- Potential legal action for fraud
It’s crucial to verify eligibility carefully before claiming small entity status and to update the USPTO if your status changes.
To learn more:
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure