Can small entity status be changed during the patent 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, small entity status can be changed during the patent process. 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.” This means that:

• You can change from small entity to large entity at any time by simply paying the full fee.
• If you lose small entity status, you must notify the USPTO before or with the next fee payment.
• Changing from large entity to small entity requires a new certification of entitlement to small entity status.

It’s important to monitor your status throughout the patent process and update the USPTO promptly if changes occur to avoid potential issues.