What are the risks of improperly claiming micro entity status?

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.’