What happens if I erroneously pay small entity fees?

If you erroneously pay small entity fees in good faith, you can correct the error by:

• Submitting a separate deficiency payment for each application or patent
• Itemizing the deficiency payment with specific details
• Paying the full deficiency amount owed

As stated in 37 CFR 1.28(c): “If status as a small entity is established in good faith, and fees as a small entity are paid in good faith, in any application or patent, and it is later discovered that such status as a small entity was established in error, or that through error the Office was not notified of a loss of entitlement to small entity status as required by § 1.27(g)(2), the error will be excused upon: compliance with the separate submission and itemization requirements of paragraphs (c)(1) and (c)(2) of this section, and the deficiency payment requirement of paragraph (c)(2) of this section.”

To learn more:

• small entity status
• patent fees
• error correction