Can I change my entity status during the patent application process?

Can I change my entity status during the patent application process?

Yes, you can change your entity status during the patent application process. The MPEP 509.03 states:

“Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.”

This means you can:

• Change from standard to small entity status
• Change from small entity to standard status
• Claim micro entity status if you qualify

To change your status, you must file a new written assertion of the desired status. Keep in mind that if you change to a higher fee status (e.g., from small to standard), you may need to pay any fee deficiencies for previously paid fees at the lower rate.

To learn more:

• entity status change
• patent application
• USPTO fees