What are the risks of improperly claiming micro entity status?

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.

Improperly claiming micro entity status can have serious consequences:

  • It may be considered fraud on the USPTO if done knowingly
  • It can result in the patent being held unenforceable
  • Improperly paid fees will need to be corrected, which may include late fees

MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity, or pay fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office. Improperly, and with intent to deceive, establishing status as a micro entity, or paying fees as a micro entity, shall be considered as a fraud practiced or attempted on the Office.’

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 509 - Payment of Fees Patent Law Patent Procedure
Tags: Fees 1 16, Fees 1 17, Fees 1 20, Fees Payment, Maintenance Fee Amount