Patent Law FAQ

If you fail to comply with the requirements for correcting micro entity status errors, as outlined in 37 CFR 1.29(k)(1) and (k)(2), the USPTO has two options:

1. Treat it as an authorization to process the deficiency payment and charge a processing fee
2. Require compliance within a non-extendable one-month period

The MPEP states: If the requirements of paragraphs (k)(1) and (2) of this section 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 § 1.17(i), or result in a requirement for compliance within a one-month time period that is not extendable under § 1.136(a) to avoid the return of the fee deficiency payment.

It’s important to carefully follow the requirements to avoid additional fees or potential loss of rights.

To learn more:

• Micro Entity
• Fee Correction
• Patent Fees
• USPTO Procedures