How does the USPTO verify small entity status for maintenance fee payments?
The USPTO does not generally question small entity status claims for maintenance fee payments. According to MPEP 2550: “The Office does not normally make any inquiry or investigation into the continued qualification of any entity as a small entity but accepts the assertion filed with the maintenance fee payment.” However, the Office may question the…
Read MoreWhat are examples of late or insufficient maintenance fee payments?
The MPEP 2531 provides several examples of when maintenance fee payments may be considered late or insufficient: Additional funds are required due to surcharge or fee increase, even though a payment was received. A payment for the small entity fee was received, but the patent file does not indicate that an assertion of small entity…
Read MoreHow can I claim entitlement to small entity status for maintenance fees?
To claim small entity status for maintenance fees, you must file a written assertion of entitlement to small entity status. According to MPEP 2550: “In order to establish small entity status for the purpose of paying a maintenance fee, a written assertion of entitlement to small entity status must be filed prior to or with…
Read MoreCan a reissue application claim small entity status?
Can a reissue application claim small entity status? Yes, a reissue application can claim small entity status if the applicant qualifies. According to MPEP 1442: “Small entity status may be claimed for a reissue application even though it was not claimed for the patent.” This means that even if the original patent did not claim…
Read MoreCan small entity status be changed during the life of a patent?
Can small entity status be changed during the life of a patent? Yes, small entity status can change during the life of a patent. The MPEP 509.03 provides guidance on this: Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in…
Read MoreWhat are the consequences of improperly claiming small entity status?
What are the consequences of improperly claiming small entity status? Improperly claiming small entity status can have serious consequences. The MPEP 509.03 states: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” This…
Read MoreWhat happens if I wrongly claim small entity status?
What happens if I wrongly claim small entity status? Wrongly claiming small entity status can have serious consequences. According to MPEP 509.03: “Improperly and with intent to deceive establishing status as a small entity, or paying fees as a small entity, shall be considered as a fraud practiced or attempted on the Office.” The consequences…
Read MoreWhat happens if I erroneously pay small entity fees?
If you erroneously pay small entity fees in good faith, you can correct the error by: Submitting a separate deficiency payment for each application or patent Itemizing the deficiency payment with specific details Paying the full deficiency amount owed As stated in 37 CFR 1.28(c): “If status as a small entity is established in good…
Read MoreHow are errors in small entity status excused?
Errors in small entity status can be excused if they were made in good faith. According to 37 CFR 1.28(c): ‘If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status…
Read MoreHow long does small entity status last?
Once small entity status is established in an application or patent, it remains in effect until: The issue fee is due, or Any maintenance fee is due At these points, a new determination of entitlement to small entity status is required. As stated in 37 CFR 1.27(g)(1): “Once small entity status is established in an…
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