What should I do if I lose entitlement to small or micro entity status?

If you lose entitlement to small or micro entity status, you must notify the USPTO. According to MPEP 2550:

“Notification of any change in status resulting in loss of entitlement to an entity status must be filed in a patent prior to paying, or at the time of paying, the earliest maintenance fee due after the date on which status as a small or micro entity is no longer appropriate.”

For small entities, this notification must be a specific written notification as per 37 CFR 1.27(g)(2). For micro entities, notification must be filed as specified in 37 CFR 1.29(i). All notifications must be signed by a party identified in 37 CFR 1.33(b).

To learn more:

• entity status change
• loss of entity status
• maintenance fees
• patent fees