How long does small entity status last?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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.
Once small entity status is established in an application or patent, it remains in effect until:
- The issue fee is due, or
- Any maintenance fee is due
At these points, a new determination of entitlement to small entity status is required. As stated in 37 CFR 1.27(g)(1): “Once small entity status is established in an application or patent, fees as a small entity may thereafter be paid in that application or patent without regard to a change in status until the issue fee is due or any maintenance fee is due.”
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers
Patent Law
Patent Procedure