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

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

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.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Legal Consequences, Micro Entity Status, Patent Fraud, USPTO notification