What should I do if I lose entitlement to small or micro entity status?
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 lose entitlement to small or micro entity status, you must notify the USPTO. According to MPEP 2550:
“Notification of any change in status resulting in loss of entitlement to an entity status must be filed in a patent prior to paying, or at the time of paying, the earliest maintenance fee due after the date on which status as a small or micro entity is no longer appropriate.”
For small entities, this notification must be a specific written notification as per 37 CFR 1.27(g)(2). For micro entities, notification must be filed as specified in 37 CFR 1.29(i). All notifications must be signed by a party identified in 37 CFR 1.33(b).