MPEP § 509.04(f) — Correcting Errors in Micro Entity Status (Annotated Rules)

§509.04(f) Correcting Errors in Micro Entity Status

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 509.04(f), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Correcting Errors in Micro Entity Status

This section addresses Correcting Errors in Micro Entity Status. Primary authority: 37 CFR 1.29(k), 37 CFR 1.28(c), and 37 CFR 1.29(i). Contains: 4 requirements and 3 other statements.

Key Rules

Topic

Micro Entity Status

4 rules
StatutoryRequiredAlways
[mpep-509-04-f-f883660c3b8ed8a5e8705e99]
Deficiency Payment for Single Application or Patent
Note:
Any paper submitted must correct fees paid in error for a single application or patent, including itemizing the deficiency owed for each erroneous fee.

37 CFR 1.29(k)(1) provides that any paper submitted under 37 CFR 1.29(k) must be limited to the deficiency payment (all fees paid in error) required for a single application or patent. 37 CFR 1.29(k)(1) provides that where more than one application or patent is involved, separate submissions of deficiency payments (e.g., checks) and itemizations are required for each application or patent. 37 CFR 1.29(k)(1) also provides that the paper must contain an itemization of the total deficiency payment and include the following information: (1) each particular type of fee that was erroneously paid as a micro entity, (e.g., basic statutory filing fee, two-month extension of time fee) along with the current fee amount for a small or non-small entity; (2) the micro entity fee actually paid, and the date on which it was paid; (3) the deficiency owed amount (for each fee erroneously paid); and (4) the total deficiency payment owed, which is the sum or total of the individual deficiency owed amounts as set forth in 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)(1)Micro Entity StatusFee RequirementsMaintenance Fee Payment
StatutoryRequiredAlways
[mpep-509-04-f-adbc1f8552dd2152c4bc2f07]
Deficiency Payment for Multiple Applications Requires Separate Submissions
Note:
When multiple applications or patents are involved, separate deficiency payments and itemizations must be submitted for each.

37 CFR 1.29(k)(1) provides that any paper submitted under 37 CFR 1.29(k) must be limited to the deficiency payment (all fees paid in error) required for a single application or patent. 37 CFR 1.29(k)(1) provides that where more than one application or patent is involved, separate submissions of deficiency payments (e.g., checks) and itemizations are required for each application or patent. 37 CFR 1.29(k)(1) also provides that the paper must contain an itemization of the total deficiency payment and include the following information: (1) each particular type of fee that was erroneously paid as a micro entity, (e.g., basic statutory filing fee, two-month extension of time fee) along with the current fee amount for a small or non-small entity; (2) the micro entity fee actually paid, and the date on which it was paid; (3) the deficiency owed amount (for each fee erroneously paid); and (4) the total deficiency payment owed, which is the sum or total of the individual deficiency owed amounts as set forth in 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)(1)Micro Entity StatusEntity Status (Small and Micro)Micro Entity Fee Reduction (75%)
StatutoryRequiredAlways
[mpep-509-04-f-3e07fa981ed60307aafe95e0]
Deficiency Owed for Erroneous Micro Entity Fees Must Be Paid
Note:
The deficiency owed, resulting from the previous erroneous payment of micro entity fees, must be paid. The total deficiency is the sum of individual deficiencies for each erroneously paid fee.

37 CFR 1.29(k)(2) provides that the deficiency owed, resulting from the previous erroneous payment of micro entity fees, must be paid. The deficiency owed for each previous fee erroneously paid as a micro entity is the difference between the current fee amount for a small entity or non-small entity, as applicable, on the date the deficiency is paid in full and the amount of the previous erroneous micro entity fee payment. The total deficiency payment owed is the sum of the individual deficiency owed amounts for each fee amount previously and erroneously paid as a micro entity. This corresponds to the procedure for fee deficiency payments based upon the previous erroneous payment of patent fees in the small entity amount. See 37 CFR 1.28(c)(2)(i) ("[t]he deficiency owed for each previous fee erroneously paid as a small entity is the difference between the current full fee amount (for non-small entity) on the date the deficiency is paid in full and the amount of the previous erroneous (small entity) fee payment").

Jump to MPEP Source · 37 CFR 1.29(k)(2)Micro Entity StatusEntity Status (Small and Micro)Maintenance Fee Payment
StatutoryInformativeAlways
[mpep-509-04-f-8fc88b8c2d5c92469319c4f6]
Total Deficiency for Micro Entity Fees Must Be Paid
Note:
The total deficiency owed is the sum of individual deficiencies for each fee amount previously paid as a micro entity, based on the difference between current full fee amounts and previous small entity payments.

37 CFR 1.29(k)(2) provides that the deficiency owed, resulting from the previous erroneous payment of micro entity fees, must be paid. The deficiency owed for each previous fee erroneously paid as a micro entity is the difference between the current fee amount for a small entity or non-small entity, as applicable, on the date the deficiency is paid in full and the amount of the previous erroneous micro entity fee payment. The total deficiency payment owed is the sum of the individual deficiency owed amounts for each fee amount previously and erroneously paid as a micro entity. This corresponds to the procedure for fee deficiency payments based upon the previous erroneous payment of patent fees in the small entity amount. See 37 CFR 1.28(c)(2)(i) ("[t]he deficiency owed for each previous fee erroneously paid as a small entity is the difference between the current full fee amount (for non-small entity) on the date the deficiency is paid in full and the amount of the previous erroneous (small entity) fee payment").

Jump to MPEP Source · 37 CFR 1.29(k)(2)Micro Entity StatusMaintenance Fee AmountsEntity Status (Small and Micro)
Topic

Loss of Entity Status Entitlement

2 rules
StatutoryRequiredAlways
[mpep-509-04-f-5070746e44fcf003e40a5d95]
Correction of Micro Entity Status Errors
Note:
This rule allows an applicant or patentee to correct errors in micro entity status if established and paid for in good faith, provided the error is discovered later and compliance with specific requirements is met.

37 CFR 1.29(k) contains provisions for a micro entity that correspond to the provisions of 37 CFR 1.28(c) for a small entity. 37 CFR 1.28(c) permits an applicant or patentee to correct the erroneous payment of a patent fee in the small entity amount if status as a small entity was established in good faith, and fees as a small entity were paid in good faith. See DH Tech. Inc. v. Synergystex Int’l Inc., 154 F.3d 1333, 47 USPQ2d 1865 (Fed. Cir. 1998). 37 CFR 1.29(k) provides that if: (i) an applicant or patentee establishes micro entity status in an application or patent in good faith; (ii) the applicant or patentee pays fees as a micro entity in the application or patent in good faith; and (iii) applicant or patentee later discovers that such micro entity status either was established in error, or that the Office was not notified of a loss of entitlement to micro entity status as required by 37 CFR 1.29(i) through error, the error will be excused upon compliance with the separate submission and itemization requirements of 37 CFR 1.29(k)(1) and the deficiency payment requirement of 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)Loss of Entity Status EntitlementCorrecting Entity Status ErrorsEntity Status Certification Requirements
StatutoryInformativeAlways
[mpep-509-04-f-f9692e1ede623e770b72b143]
Deficiency Payment Notifies Loss of Micro Entity Status
Note:
A payment made to correct an erroneous micro entity fee is treated as a notification that the entity no longer qualifies for micro entity status.

37 CFR 1.29(k)(4) provides that any deficiency payment (based on a previous erroneous payment of a micro entity fee) submitted under 37 CFR 1.29(k) will be treated as a notification of a loss of entitlement to micro entity status under 37 CFR 1.29(i).

Jump to MPEP Source · 37 CFR 1.29(k)(4)Loss of Entity Status EntitlementCorrecting Entity Status ErrorsMicro Entity Fee Reduction (75%)
Topic

Micro Entity Fee Reduction (75%)

2 rules
StatutoryRequiredAlways
[mpep-509-04-f-aff9dba966b6208fa3938910]
Itemization of Deficiency Payment Required for Micro Entity Fees
Note:
The paper must include a detailed itemization of the total deficiency payment, specifying each fee type paid as a micro entity, the actual amount paid, and the deficiency owed.

37 CFR 1.29(k)(1) provides that any paper submitted under 37 CFR 1.29(k) must be limited to the deficiency payment (all fees paid in error) required for a single application or patent. 37 CFR 1.29(k)(1) provides that where more than one application or patent is involved, separate submissions of deficiency payments (e.g., checks) and itemizations are required for each application or patent. 37 CFR 1.29(k)(1) also provides that the paper must contain an itemization of the total deficiency payment and include the following information: (1) each particular type of fee that was erroneously paid as a micro entity, (e.g., basic statutory filing fee, two-month extension of time fee) along with the current fee amount for a small or non-small entity; (2) the micro entity fee actually paid, and the date on which it was paid; (3) the deficiency owed amount (for each fee erroneously paid); and (4) the total deficiency payment owed, which is the sum or total of the individual deficiency owed amounts as set forth in 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)(1)Micro Entity Fee Reduction (75%)Micro Entity StatusFiling, Search & Examination Fees
StatutoryInformativeAlways
[mpep-509-04-f-db5c5d400ada1519fdfe52ff]
Deficiency for Erroneous Micro Entity Fees Must Be Paid
Note:
The deficiency owed for each previous fee incorrectly paid as a micro entity must be the difference between the current small or non-small entity fee and the erroneous micro entity fee.

37 CFR 1.29(k)(2) provides that the deficiency owed, resulting from the previous erroneous payment of micro entity fees, must be paid. The deficiency owed for each previous fee erroneously paid as a micro entity is the difference between the current fee amount for a small entity or non-small entity, as applicable, on the date the deficiency is paid in full and the amount of the previous erroneous micro entity fee payment. The total deficiency payment owed is the sum of the individual deficiency owed amounts for each fee amount previously and erroneously paid as a micro entity. This corresponds to the procedure for fee deficiency payments based upon the previous erroneous payment of patent fees in the small entity amount. See 37 CFR 1.28(c)(2)(i) ("[t]he deficiency owed for each previous fee erroneously paid as a small entity is the difference between the current full fee amount (for non-small entity) on the date the deficiency is paid in full and the amount of the previous erroneous (small entity) fee payment").

Jump to MPEP Source · 37 CFR 1.29(k)(2)Micro Entity Fee Reduction (75%)Micro Entity StatusMaintenance Fee Amounts
Topic

Entity Status (Small and Micro)

1 rules
StatutoryInformativeAlways
[mpep-509-04-f-6f48372c60c5365ff2c10e25]
Correction of Micro Entity Status Errors Allowed
Note:
Allows correction of micro entity status errors if established and paid in good faith, with compliance to specific submission and payment requirements.

37 CFR 1.29(k) contains provisions for a micro entity that correspond to the provisions of 37 CFR 1.28(c) for a small entity. 37 CFR 1.28(c) permits an applicant or patentee to correct the erroneous payment of a patent fee in the small entity amount if status as a small entity was established in good faith, and fees as a small entity were paid in good faith. See DH Tech. Inc. v. Synergystex Int’l Inc., 154 F.3d 1333, 47 USPQ2d 1865 (Fed. Cir. 1998). 37 CFR 1.29(k) provides that if: (i) an applicant or patentee establishes micro entity status in an application or patent in good faith; (ii) the applicant or patentee pays fees as a micro entity in the application or patent in good faith; and (iii) applicant or patentee later discovers that such micro entity status either was established in error, or that the Office was not notified of a loss of entitlement to micro entity status as required by 37 CFR 1.29(i) through error, the error will be excused upon compliance with the separate submission and itemization requirements of 37 CFR 1.29(k)(1) and the deficiency payment requirement of 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)Entity Status (Small and Micro)Loss of Entity Status EntitlementCorrecting Entity Status Errors
Topic

Correcting Entity Status Errors

1 rules
StatutoryInformativeAlways
[mpep-509-04-f-eb4f29ce62f93a21c4cd2bb2]
Small Entity Fee Correction Allowed If Established in Good Faith
Note:
An applicant or patentee can correct an erroneous small entity fee payment if the status was established and fees were paid in good faith.

37 CFR 1.29(k) contains provisions for a micro entity that correspond to the provisions of 37 CFR 1.28(c) for a small entity. 37 CFR 1.28(c) permits an applicant or patentee to correct the erroneous payment of a patent fee in the small entity amount if status as a small entity was established in good faith, and fees as a small entity were paid in good faith. See DH Tech. Inc. v. Synergystex Int’l Inc., 154 F.3d 1333, 47 USPQ2d 1865 (Fed. Cir. 1998). 37 CFR 1.29(k) provides that if: (i) an applicant or patentee establishes micro entity status in an application or patent in good faith; (ii) the applicant or patentee pays fees as a micro entity in the application or patent in good faith; and (iii) applicant or patentee later discovers that such micro entity status either was established in error, or that the Office was not notified of a loss of entitlement to micro entity status as required by 37 CFR 1.29(i) through error, the error will be excused upon compliance with the separate submission and itemization requirements of 37 CFR 1.29(k)(1) and the deficiency payment requirement of 37 CFR 1.29(k)(2).

Jump to MPEP Source · 37 CFR 1.29(k)Correcting Entity Status ErrorsEntity Status Certification RequirementsMaintenance Fee Amounts
Topic

Processing Fees

1 rules
StatutoryInformativeAlways
[mpep-509-04-f-111135deaa9aac19cbf12415]
Deficiency Payment Processing Option
Note:
The Office may process a deficiency payment and charge a fee, or require compliance within one month to avoid returning the fee.

37 CFR 1.29(k)(3) provides that if the requirements of 37 CFR 1.29(k)(1) and (k)(2) are not complied with, such failure will either be treated at the option of the Office as an authorization for the Office to process the deficiency payment and charge the processing fee set forth in 37 CFR 1.17(i), or result in a requirement for compliance within a one-month nonextendable time period under 37 CFR 1.136(a) to avoid the return of the fee deficiency payment.

Jump to MPEP Source · 37 CFR 1.29(k)(3)Processing FeesMaintenance Fee AmountsFee Requirements

Citations

Primary topicCitation
Processing Fees37 CFR § 1.136(a)
Processing Fees37 CFR § 1.17(i)
Correcting Entity Status Errors
Entity Status (Small and Micro)
Loss of Entity Status Entitlement
37 CFR § 1.28(c)
Micro Entity Fee Reduction (75%)
Micro Entity Status
37 CFR § 1.28(c)(2)(i)
Correcting Entity Status Errors
Entity Status (Small and Micro)
Loss of Entity Status Entitlement
37 CFR § 1.29(i)
Correcting Entity Status Errors
Entity Status (Small and Micro)
Loss of Entity Status Entitlement
Micro Entity Fee Reduction (75%)
Micro Entity Status
37 CFR § 1.29(k)
Correcting Entity Status Errors
Entity Status (Small and Micro)
Loss of Entity Status Entitlement
Micro Entity Fee Reduction (75%)
Micro Entity Status
Processing Fees
37 CFR § 1.29(k)(1)
Correcting Entity Status Errors
Entity Status (Small and Micro)
Loss of Entity Status Entitlement
Micro Entity Fee Reduction (75%)
Micro Entity Status
37 CFR § 1.29(k)(2)
Processing Fees37 CFR § 1.29(k)(3)
Loss of Entity Status Entitlement37 CFR § 1.29(k)(4)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31