How can I claim entitlement to small entity status for maintenance fees?
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.
To claim small entity status for maintenance fees, you must file a written assertion of entitlement to small entity status. According to MPEP 2550:
“In order to establish small entity status for the purpose of paying a maintenance fee, a written assertion of entitlement to small entity status must be filed prior to or with the maintenance fee paid as a small entity.”
The assertion must be filed before or with the maintenance fee payment. For more details on qualifying as a small entity and making an assertion, refer to MPEP § 509.02 and MPEP § 509.03.