What information must be included in the itemization for a micro entity fee deficiency payment?
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.
According to 37 CFR 1.29(k)(1), the itemization for a micro entity fee deficiency payment must include:
- Each type of fee erroneously paid as a micro entity
- The current fee amount for a small or non-small entity
- The micro entity fee actually paid and the date of payment
- The deficiency owed amount for each fee
- The total deficiency payment owed
The MPEP specifies: The paper must contain an itemization of the total deficiency payment and include the following information: (1) each particular type of fee that was erroneously paid as a micro entity, (e.g., basic statutory filing fee, two-month extension of time fee) along with the current fee amount for a small or non-small entity; (2) the micro entity fee actually paid, and the date on which it was paid; (3) the deficiency owed amount (for each fee erroneously paid); and (4) the total deficiency payment owed, which is the sum or total of the individual deficiency owed amounts.