What happens if I don’t comply with the requirements for correcting micro entity status errors?
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: Treat it as an authorization to process the deficiency payment and charge a processing fee Require compliance within a non-extendable one-month period The MPEP states: If the requirements…
Read MoreHow do I correct an error in micro entity status if I underpaid fees?
How do I correct an error in micro entity status if I underpaid fees? If you erroneously paid fees as a micro entity when you were not entitled to that status, resulting in an underpayment, you need to take the following steps: Submit a written assertion of small entity status (if eligible) or a written…
Read MoreHow can I correct an error in micro entity status?
To correct an error in micro entity status, you need to follow the procedure outlined in 37 CFR 1.29(k). This involves: Submitting a separate deficiency payment for each application or patent Providing an itemization of the total deficiency payment Paying the deficiency owed The MPEP states: 37 CFR 1.29(k) contains provisions for a micro entity…
Read MoreCan I correct micro entity status errors for multiple applications or patents at once?
No, you cannot correct micro entity status errors for multiple applications or patents in a single submission. The MPEP, citing 37 CFR 1.29(k)(1), states: Any paper submitted under this paragraph must be limited to the deficiency payment (all fees paid in error) required for a single application or patent. Where more than one application or…
Read MoreDoes submitting a deficiency payment affect my micro entity status?
Yes, submitting a deficiency payment for micro entity fee errors affects your micro entity status. According to 37 CFR 1.29(k)(4): Any deficiency payment (based on a previous erroneous payment of a micro entity fee) submitted under this paragraph will be treated as a notification of a loss of entitlement to micro entity status under paragraph…
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