How are errors in small entity status excused?

Errors in small entity status can be excused if they were made in good faith. According to 37 CFR 1.28(c): ‘If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status as a small entity was established in error, or that through error the Office was not notified of a loss of entitlement to small entity status as required by § 1.27(g)(2), the error will be excused upon: compliance with the separate submission and itemization requirements of paragraphs (c)(1) and (c)(2) of this section, and the deficiency payment requirement of paragraph (c)(2) of this section.’

To correct the error, you must:

• Submit a separate deficiency payment for each application or patent
• Provide an itemized list of the fees paid in error
• Pay the deficiency owed (difference between the small entity fee paid and the current non-small entity fee)

To learn more:

• small entity status
• error correction
• patent fees
• USPTO procedures