Can a patent owner change entity status between maintenance fee payments?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Who Can Sign Assertion for Small Entity Status MPEP 2550 Permitted Maintenance Fee Payment Includes Entity Status Change MPEP 2550 Permitted Assertion of Small Entity Status Required for Maintenance Fee Discount MPEP 2550 Required Assertion of Small Entity Status Only Required Once MPEP 2550 Required Written Notification Required for Loss of Small Entity Status MPEP 2550 Entity Status Change Required Before Payment MPEP 2550 Required Requirement for Entity Status Change Before Payment MPEP 2550 Check for Loss of Small Entity Status Before Paying Maintenance Fees MPEP 2550 Notification for Loss of Entity Status Must Be Filed By Mail, Fax, or Electronic System MPEP 2550 Prohibited Reduced Maintenance Fees for Small/Micro Entities MPEP 2550 Permitted Other Related FAQs 5 FAQs Collapse How can I change my entity status for maintenance fee payments? Can I change my entity status after paying a maintenance fee? How can I claim entitlement to small entity status for maintenance fees? What happens if a maintenance fee is paid at the wrong entity status rate? What are entity status d...