When should small entity status be claimed in a patent application?

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.

Small entity status should only be claimed after a thorough investigation has been completed and there is certainty about the entitlement. The MPEP 509.03(a) states: “Where entitlement to small entity status is uncertain, it should not be claimed.” It’s important to note that even paying the small entity basic filing fee constitutes an assertion of small entity status. Therefore, applicants should be certain of their status before making any payments or claims related to small entity status.