Can I retroactively claim micro entity status for previously paid fees?

Can I retroactively claim micro entity status for previously paid fees?

No, you cannot retroactively claim micro entity status for fees that have already been paid. The MPEP clearly states:

“A fee may be paid in the micro entity amount only if it is submitted with, or subsequent to, the submission of a certification of entitlement to micro entity status.” (MPEP 509.04(f))

This means:

• Micro entity status must be established before or at the time of paying fees at the micro entity rate
• You cannot request a refund for the difference between standard fees and micro entity fees for payments made before establishing micro entity status
• Future fees can be paid at the micro entity rate once status is properly established

To benefit from micro entity status, ensure you file the certification before paying any fees you wish to pay at the reduced rate.

To learn more:

• micro entity status
• patent fees
• USPTO fee policy
• retroactive claims