What are the consequences of fraudulently establishing small entity status?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. Fraudulently establishing small entity status or paying fees as a small entity is considered a serious offense. According to 37 CFR 1.27(h) : ‘Any attempt to fraudulently establish status as a small entity or pay fees as a small entity will be considered as a fraud practiced or attempted on the Office.’ The consequences of such actions can be severe, potentially including: Invalidation of the patent Criminal charges for fraud Disciplinary action against registered patent practitioners It’s crucial to ensure that all claims to small entity status are truthful and accurate. Do not rely on oral advice from USPTO employees regarding entitlement to small entity status. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Unitemized Fees May Be Returned MPEP 509 Permitted Fees Must Be Paid In Advance For Patent Actions MPEP 509 Required Fees Must Be Clearly Itemized for Each Application MPEP 509 Required Unitemized Fees Must Be Returned MPEP 509 Required Resubmission of Returned Fees Not Subject to §1.5(a) MPEP 509 Fees Must Be Paid in US Dollars MPEP 509 Required Payment Must Be in Specific Forms MPEP 509 Permitted Money Orders Must Be Payable to Director MPEP 509 Required Checks Payable to Commissioner Still Accepted MPEP 509 Foreign Payments Must Be Negotiable In U.S. MPEP 509 Required Other Related FAQs 5 FAQs Collapse Can international applicants claim micro entity status based on gross income? Can an institution of higher education itself claim micro entity status? How is an &#8216;institution of higher education&#8217; defined for micro entity status purposes? Does submitting a deficiency payment affect my micro entity status? Are there any fee reductions or waivers...