What happens if an applicant’s income exceeds the micro entity threshold during pendency?

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.

What happens if an applicant’s income exceeds the micro entity threshold during pendency?

If an applicant’s income exceeds the micro entity threshold during the pendency of an application, they must notify the USPTO and change their status. The MPEP 509.04(a) states:

“A micro entity certification in an application will remain in effect until the applicant submits a notification of loss of entitlement to micro entity status under 37 CFR 1.29(i).”

Applicants are required to notify the USPTO of any change in status before paying any fee after the change. Failure to do so may result in:

• Underpayment of fees
• Loss of micro entity status
• Potential invalidation of the patent if issued

It’s crucial to monitor income and update the USPTO promptly if the micro entity threshold is exceeded.