Can 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…

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What 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…

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What 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…

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How 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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