What happens if a maintenance fee is paid at the wrong entity status rate?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. If a maintenance fee is paid at the wrong entity status rate, it can lead to either an overpayment or underpayment. The MPEP 2550 addresses this issue: “Where a maintenance fee is paid at the undiscounted rate by an entity that is entitled to pay the small entity rate, a refund may be requested. […] Where a maintenance fee is paid at the small entity rate by an entity that is not entitled to pay the small entity rate, the Office will adjust the entity status and require the deficiency to be paid.” In case of overpayment, a refund can be requested. For underpayment, the USPTO will require the deficiency to be paid to maintain the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Who Can Sign Assertion for Small Entity Status MPEP 2550 Permitted Maintenance Fee Payment Includes Entity Status Change MPEP 2550 Permitted Assertion of Small Entity Status Required for Maintenance Fee Discount MPEP 2550 Required Assertion of Small Entity Status Only Required Once MPEP 2550 Required Written Notification Required for Loss of Small Entity Status MPEP 2550 Check for Loss of Small Entity Status Before Paying Maintenance Fees MPEP 2550 Reduced Maintenance Fees for Small/Micro Entities MPEP 2550 Permitted No Reply Needed for Correct Entity Status MPEP 2550 Entity Status Change Required Before Payment MPEP 2550 Required Requirement for Entity Status Change Before Payment MPEP 2550 Other Related FAQs 5 FAQs Collapse How can I change my entity status for maintenance fee payments? Can I change my entity status after paying a maintenance fee? Can a patent owner change entity status between maintenance fee payments? How can I claim entitlement to small entity status for mainte...