What is required when notifying the USPTO of a loss of micro entity status?

When notifying the USPTO of a loss of micro entity status, the following requirements must be met:

  • The notification must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which micro entity status is no longer appropriate.
  • The notification must be signed by a party identified in 37 CFR 1.33(b).
  • A simple statement that the applicant is no longer eligible for micro entity status is sufficient, without identifying specific reasons.

As stated in MPEP 509.04(e): Payment of a fee in other than the micro entity amount is not sufficient notification that micro entity status is no longer appropriate.

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: patent fees, USPTO