What happens if I overpaid fees due to incorrect micro entity status?

What happens if I overpaid fees due to incorrect micro entity status?

If you paid fees as a non-micro entity when you were actually entitled to micro entity status, resulting in an overpayment, you may be eligible for a refund. The MPEP 509.04(f) states:

“A refund based upon establishment of micro entity status may only be obtained if an assertion of micro entity status, in compliance with 37 CFR 1.29(a), is filed within the time period set forth in 37 CFR 1.29(k) … The time period set forth in 37 CFR 1.29(k) is: the later of 1) three months from the date of the fee payment claimed to be in error; or 2) the processing of a request for refund.”

To request a refund:

• File a compliant micro entity certification
• Submit a timely refund request
• Ensure you meet the time constraints specified in 37 CFR 1.29(k)

It’s important to act promptly if you believe you’ve overpaid due to an incorrect entity status.

To learn more:

• micro entity status
• fee overpayment
• refund request
• patent fees