Can small entity status be changed during the life of a patent?

Can small entity status be changed during the life of a patent?

Yes, small entity status can change during the life of a patent. The MPEP 509.03 provides guidance on this:

Once status as a small entity has been established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.

Key points to remember:

• Status can change due to mergers, acquisitions, or licensing agreements.
• The USPTO must be notified of any change before paying the issue fee or maintenance fees.
• If status changes from small to large entity, future fees must be paid at the higher rate.
• Conversely, if an entity becomes eligible for small entity status, they can claim it for future fee payments.

It’s important to regularly review your entity status and update the USPTO as necessary to ensure compliance and proper fee payment.

To learn more:

• small entity status
• patent fees
• USPTO
• status change