How is the deficiency owed calculated for micro entity fee errors?

The deficiency owed for micro entity fee errors is calculated according to 37 CFR 1.29(k)(2). The MPEP states:

The deficiency owed for each previous fee erroneously paid as a micro entity is the difference between the current fee amount for a small entity or non-small entity, as applicable, on the date the deficiency is paid in full and the amount of the previous erroneous micro entity fee payment.

To calculate the total deficiency payment:

1. Determine the current fee amount for each erroneously paid fee (small or non-small entity rate)
2. Subtract the micro entity fee amount previously paid
3. Sum up all individual deficiency amounts

This calculation ensures that the correct fee amount is paid based on the entity status and current fee schedule.

To learn more:

• Micro Entity
• Fee Calculation
• Patent Fees
• USPTO Procedures