How can I regain micro entity status after losing it?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

To regain micro entity status after losing it, you must file a new certification of entitlement to micro entity status. As stated in MPEP 509.04(e):

Once a notification of a loss of entitlement to micro entity status is filed in the application or patent, a new certification of entitlement to micro entity status is required to again obtain micro entity status.

This means you must:

  • Ensure you meet the criteria for micro entity status as defined in 37 CFR 1.29(a) or 1.29(d)
  • File a new certification form (PTO/SB/15A or PTO/SB/15B) in the application or patent
  • Meet all other requirements for micro entity status
Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Certification, Entity Status Change, Micro Entity Status, patent fees, USPTO