How does the USPTO handle discounted maintenance fee payments without proper entity status?
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.
When a maintenance fee payment is submitted at a discounted rate (small or micro entity) without proper documentation of entity status, the USPTO will consider it insufficient. According to MPEP 2531:
“If a payment is deemed insufficient because the payment was submitted in a discounted amount but entitlement to the entity status (small or micro) corresponding to the discounted amount was not established, an Underpayment Notice or Non-Acceptance Notice will be mailed to the fee submitter.”
In such cases, the patent owner must respond to the notice by either:
- Providing documentation to establish the claimed entity status, or
- Paying the difference to meet the standard (undiscounted) fee amount
For more information on establishing or changing entity status for maintenance fee purposes, refer to MPEP 2550.