How does paying a small entity fee affect certification of small entity status?
Paying a small entity fee has significant implications for certifying small entity status. According to MPEP 509.03(a), “Consistent with 37 CFR 1.4(d)(4), the payment of a small entity basic filing or national fee constitutes a certification under 37 CFR 11.18(b).” This means that simply paying the small entity fee, even without a specific written assertion, activates the self-certification requirement. Applicants should be aware that this payment invokes the certification provisions, regardless of whether they are a practitioner or non-practitioner.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure