How does paying a small entity fee affect certification of small entity status?

Paying a small entity fee has significant implications for certifying small entity status. According to MPEP 509.03(a), “Consistent with 37 CFR 1.4(d)(4), the payment of a small entity basic filing or national fee constitutes a certification under 37 CFR 11.18(b).” This means that simply paying the small entity fee, even without a specific written assertion, activates the self-certification requirement. Applicants should be aware that this payment invokes the certification provisions, regardless of whether they are a practitioner or non-practitioner.

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent fees, Self Certification, Small Entity Status