How do I claim small entity status for patent maintenance fees?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29
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 claim small entity status for patent maintenance fees, follow these steps:
- Verify that you meet the small entity requirements as defined in MPEP 2550.
- Submit a written assertion of entitlement to small entity status.
- Pay the reduced fee amount for small entities.
According to the MPEP: “A small entity assertion must be filed in order to pay reduced patent fees as a small entity. A small entity assertion is only required to be filed once in an application or patent.” It’s important to note that your status can change, and you must notify the USPTO if you no longer qualify for small entity status.
Topics:
MPEP 2500 - Maintenance Fees
MPEP 2550 - Entity Status Discounts
Patent Law
Patent Procedure