What happens to my entity status after notifying 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.

When you notify the USPTO of a loss of micro entity status, you are automatically treated as a small entity by default, unless specified otherwise. As stated in MPEP 509.04(e):

A notification that micro entity status is no longer appropriate will not be treated as a notification that small entity status is also no longer appropriate unless it also contains a notification of loss of entitlement to small entity status under § 1.27(f)(2) [§ 1.27(g)(2)].

To change to regular (unreduced) fee status, you must either:

  • File a notification of loss of entitlement to micro entity status along with regular unreduced fees or an indication of loss of entitlement to small entity status, or
  • File a separate notification of loss of entitlement to small entity status.
Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Entity Status Change, Micro Entity Status, patent fees, Small Entity Status, USPTO