What happens if I submit a maintenance fee payment that doesn’t match my entity status of record?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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 submit a maintenance fee payment that conflicts with the USPTO’s record of your entity status, you will receive a notice. MPEP 2550 explains:

  • If you overpay (based on the entity status of record), you’ll receive an Overpayment Notice.
  • If you underpay (based on the entity status of record), you’ll receive an Underpayment Notice.

In both cases, you’ll have a non-extendable ONE MONTH period from the mailing date of the notice to respond. Your response may involve filing a notification of loss of entitlement to small or micro entity status, submitting additional fees, or providing documentation to support your claimed entity status.

Topics: MPEP 2500 - Maintenance Fees MPEP 2550 - Entity Status Discounts Patent Law Patent Procedure
Tags: Correspondence General, Fees 1 20, micro entity