Can a patent owner change entity status between maintenance fee payments?
Yes, a patent owner can change entity status between maintenance fee payments. The MPEP 2550 states:
“If status as a small entity has been previously established by filing an assertion of small entity status and the patentee subsequently ceases to qualify for small entity status, a new determination of entity status will be necessary at the time the maintenance fee is due.”
This means that the entity status can change, and the appropriate fee (small or undiscounted) should be paid based on the status at the time of each maintenance fee payment.
To learn more:
Topics:
MPEP 2500 - Maintenance Fees,
MPEP 2550 - Entity Status Discounts,
Patent Law,
Patent Procedure