How do I correct an error in micro entity status if I underpaid fees?

How do I correct an error in micro entity status if I underpaid fees?

If you erroneously paid fees as a micro entity when you were not entitled to that status, resulting in an underpayment, you need to take the following steps:

  • Submit a written assertion of small entity status (if eligible) or a written assertion to establish non-small entity status.
  • Pay the fee deficiency, which is the difference between the amount paid and the amount due.

As stated in MPEP 509.04(f): “A written assertion to establish non-small entity status must be accompanied by the difference between the current amount due and the amount previously paid.”

It’s important to correct the error promptly to avoid potential issues with your patent application or granted patent.

To learn more:

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent fees