Does the USPTO provide advisory opinions on small entity status qualification?

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.

No, the United States Patent and Trademark Office (USPTO) does not provide advisory opinions on whether an individual or organization qualifies for small entity status. The MPEP 509.03(a) clearly states: “The U.S. Patent and Trademark Office does not give advisory opinions as to whether or not a specific individual or organization qualifies as a small entity.” This policy is based on Congressional intent that the USPTO rely exclusively on self-certification for small entity status. Applicants are responsible for determining their status and making the appropriate self-certification.