Can I correct micro entity status errors retroactively?

Can I correct micro entity status errors retroactively?

Yes, you can correct micro entity status errors retroactively, but there are specific rules and time limitations to consider. According to MPEP 509.04(f):

“Errors in micro entity status may be rectified by filing a notification of a change in status … and paying the required fee deficiency.”

However, the ability to make retroactive corrections is subject to time constraints:

• For underpayments: You can correct the error at any time by paying the fee deficiency.
• For overpayments: You must file a micro entity certification and request a refund within the time period set in 37 CFR 1.29(k), which is generally within three months of the fee payment.

It’s crucial to address any status errors promptly to maintain the validity of your patent application or granted patent and to ensure compliance with USPTO regulations.

To learn more:

• micro entity status
• retroactive correction
• patent fees
• USPTO regulations