2550 Entity Status Discounts
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I. CLAIMING ENTITLEMENT TO AN ENTITY STATUS DISCOUNT
In order to establish small entity status for the purpose of paying a maintenance fee, a written assertion of entitlement to small entity status must be filed prior to or with the maintenance fee paid as a small entity.
- A written assertion of small entity status is only required to be filed once and will remain effective until changed.
In order to establish micro entity status for the purpose of paying a maintenance fee, a written certification of micro entity status must be filed prior to or at the time the maintenance fee is paid in the micro entity amount.
- A certification of micro entity status must be signed by a person so authorized.
A paper changing the entity status of the patent can be included with a maintenance fee payment submitted by mail, facsimile, or hand delivery.
- For maintenance fee payments to be made over the Internet using the Patent Maintenance Fees Storefront, any change in entity status must be made prior to submitting the payment.
The refund provisions for later submitted small entity assertions do apply to maintenance fees.
- However, the process for later establishment of small entity status is not applicable to later submitted micro entity certifications.
- Accordingly, no refunds are available for later establishment of micro entity status.
In order to change entity status via Private PAIR, you must:
- (1) be a registered patent attorney/agent, an independent inventor, or a person granted limited recognition,
- (2) have a USPTO.gov account,
- (3) have a customer number, and
- (4) have two-step authentication
II. REMOVAL OF ENTITY STATUS
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.
A notification of loss of entitlement to small entity status be in the form of a specific written notification, rather than only payment of a non-small entity fee.
Notification of a loss of entitlement to micro entity status must be filed in the application or patent prior to paying, or at the time of paying, any fee after the date on which status as a micro entity is no longer appropriate.
III. PAYMENTS NOT MATCHING THE ENTITY STATUS OF RECORD
If a payment is submitted that conflicts with the Office record of the patentee’s entity status, a notice relating to entity status will be sent to the fee submitter.
- An Overpayment Notice will be sent if Office records indicate establishment of an entity status (small or micro) entitling the patentee to a reduction in the fee amount submitted.
- An Underpayment Notice will be sent if Office records indicate that the patentee has not established entitlement to the entity status (small or micro) corresponding to the discounted amount submitted.
» 2560 Revocation of Power of Attorney and Withdrawal of Attorney
