Patent Law FAQ

If you lose entitlement to micro entity status, you must:

1. File a notification of loss of entitlement to micro entity status in the application or patent
2. Pay the required fee in the small entity or undiscounted amount, as appropriate

The notification must be filed prior to or at the time of paying the earliest fee after the date on which status as a micro entity is no longer appropriate. As stated in 37 CFR 1.29(i): ‘Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.’