Can I change my entity status after paying a maintenance fee?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Yes, you can change your entity status after paying a maintenance fee, but there are important considerations: If you change from a higher fee-paying entity to a lower fee-paying entity (e.g., large to small), you cannot receive a refund for previously paid fees. If you change from a lower fee-paying entity to a higher fee-paying entity (e.g., small to large), you may need to pay the difference in fees. The MPEP 2550 states: “Once a maintenance fee is paid in the large entity amount, a refund based on later establishment of small entity status is not possible. However, a patentee may file a petition under 37 CFR 1.28(a) to request a refund of any overpayment of the maintenance fee due to an unintentional payment of the fee as a large entity.” Always ensure you promptly update your status if it changes to avoid potential issues with fee payments. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Maintenance Fee Payment Includes Entity Status Change MPEP 2550 Permitted Who Can Sign Assertion for Small Entity Status MPEP 2550 Permitted Assertion of Small Entity Status Required for Maintenance Fee Discount MPEP 2550 Required Check for Loss of Small Entity Status Before Paying Maintenance Fees MPEP 2550 Entity Status Change Required Before Payment MPEP 2550 Required Requirement for Entity Status Change Before Payment MPEP 2550 Assertion of Small Entity Status Only Required Once MPEP 2550 Required Written Notification Required for Loss of Small Entity Status MPEP 2550 Refunds Apply to Small Entity but Not Micro Entity Status Changes MPEP 2550 Reduced Maintenance Fees for Small/Micro Entities MPEP 2550 Permitted Other Related FAQs 5 FAQs Collapse How can I change my enti...