What happens if I lose micro entity status during the patent process?

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 you lose micro entity status during the patent process, you must notify the USPTO promptly. The MPEP states:

“A micro entity that no longer meets the requirements for micro entity status at a point in time when a fee is due is treated as a small entity for purposes of paying the fee if the applicant or patentee is otherwise eligible for small entity status.”

This means:

• You must file a notification of loss of entitlement to micro entity status.
• If you still qualify as a small entity, you can pay fees at the small entity rate.
• If you no longer qualify as a small entity, you must pay fees at the standard (large entity) rate.

It’s important to note that continuing to pay fees at the micro entity rate when you no longer qualify can result in the patent being held unenforceable. For more details, refer to MPEP 509.04(e).