How do I establish micro entity status for maintenance fee payments?
To establish micro entity status for maintenance fee payments, you must file a written certification of micro entity status. MPEP 2550 states: “In order to establish micro entity status for the purpose of paying a maintenance fee, a written certification of micro entity status must be filed prior to or at the time the maintenance…
Read MoreHow does USPTO verify gross income for micro entity status?
How does USPTO verify gross income for micro entity status? The USPTO generally does not independently verify the gross income of applicants claiming micro entity status. According to MPEP 509.04(a): “The Office does not generally question certification of micro entity status but may require additional information on a case-by-case basis.” However, applicants are required to…
Read MoreWhat form is used to certify micro entity status based on an institution of higher education?
The U.S. Patent and Trademark Office provides a specific form for certifying micro entity status based on an institution of higher education. This form is PTO/SB/15B. MPEP 509.04(b) states: “The Office’s form PTO/SB/15B contains the certifications under 37 CFR 1.29(d) that are required to establish micro entity status on the institution of higher education basis.”…
Read MoreWhat happens if I fail to notify the USPTO about loss of micro entity status?
What happens if I fail to notify the USPTO about loss of micro entity status? Failing to notify the USPTO about the loss of micro entity status can have serious consequences. The MPEP warns: “Fraudulent assertion of micro entity status is considered a fraud practiced or attempted on the Office.” (MPEP 509.04(f)) Consequences may include:…
Read MoreHow can I correct an error in micro entity status if I’m no longer eligible?
How can I correct an error in micro entity status if I’m no longer eligible? If you discover that you’re no longer eligible for micro entity status, you should promptly notify the USPTO and pay the deficiency in fees. The MPEP states: “A notification of loss of entitlement to micro entity status must be filed…
Read MoreCan I correct micro entity status errors retroactively?
Can I correct micro entity status errors retroactively? Yes, you can correct micro entity status errors retroactively, but there are specific rules and time limitations to consider. According to MPEP 509.04(f): “Errors in micro entity status may be rectified by filing a notification of a change in status … and paying the required fee deficiency.”…
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 MoreWhat happens to my entity status after notifying loss of micro entity status?
When you notify the USPTO of a loss of micro entity status, you are automatically treated as a small entity by default, unless specified otherwise. As stated in MPEP 509.04(e): A notification that micro entity status is no longer appropriate will not be treated as a notification that small entity status is also no longer…
Read MoreWhat happens if an applicant’s income exceeds the micro entity threshold during pendency?
What happens if an applicant’s income exceeds the micro entity threshold during pendency? If an applicant’s income exceeds the micro entity threshold during the pendency of an application, they must notify the USPTO and change their status. The MPEP 509.04(a) states: “A micro entity certification in an application will remain in effect until the applicant…
Read MoreHow can I regain micro entity status after losing it?
To regain micro entity status after losing it, you must file a new certification of entitlement to micro entity status. As stated in MPEP 509.04(e): Once a notification of a loss of entitlement to micro entity status is filed in the application or patent, a new certification of entitlement to micro entity status is required…
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