Can I change my entity status during the patent application process?

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, you can change your entity status during the patent application process. The MPEP 509.03 states:

“Small entity status may be claimed in a pending application at any time before, or concurrently with, the payment of an issue fee.”

This means you can:

• Change from standard to small entity status
• Change from small entity to standard status
• Claim micro entity status if you qualify

To change your status, you must file a new written assertion of the desired status. Keep in mind that if you change to a higher fee status (e.g., from small to standard), you may need to pay any fee deficiencies for previously paid fees at the lower rate.