What happens if I fail to notify the USPTO about loss of micro entity status?

What happens if I fail to notify the USPTO about loss of micro entity status?

Failing to notify the USPTO about the loss of micro entity status can have serious consequences. The MPEP warns:

“Fraudulent assertion of micro entity status is considered a fraud practiced or attempted on the Office.” (MPEP 509.04(f))

Consequences may include:

  • Invalidation of the patent application or granted patent
  • Disciplinary action against registered practitioners
  • Criminal penalties under 18 U.S.C. 1001

It’s crucial to promptly notify the USPTO if you lose eligibility for micro entity status to avoid these severe consequences.

To learn more:

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: USPTO notification