MPEP § 2550 — MPEP § 2550
Current through: 2022-07-01

2550-Entity Status Discounts 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Manual of Patent Examining Procedure 

 Chapter 2500 

 Section 2550 
 

 
 
 
 
 
 2550 Entity Status Discounts [R-01.2024]

 Reduced maintenance fees are available for patentees that
 can establish entitlement to small or micro entity status. 
 

 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 ( https://fees.uspto.gov/ Maintenance Fees ), any change in entity
 status must be made prior to submitting the payment. Before submitting a payment via the
 Patent Maintenance Fees Storefront in an entity status different from the entity status
 of record, it is suggested that the entity status entitlement document (i.e., the
 certification of micro entity status or written assertion of small entity status) or the
 document for removal of entity status (i.e., notification of loss of entitlement to
 micro entity status under 37 CFR 1.29(i) and/or notification
 of loss of entitlement to small entity status under 37 CFR
 1.27(g)(2)) as appropriate, be filed by either making the entity
 status change as a registered user of the USPTO patent electronic filing system or by
 faxing the document to 571-273-6500 (the maintenance fee transmittal fax number). For
 information relating to the USPTO patent electronic filing system, including how to
 update entity status, contact the Electronic Business Center (EBC) at 866-217-9197 or
 ebc@uspto.gov.
 

 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. 37 CFR
 1.27(c)(2) specifies who can sign and file the written
 assertion of small entity status. A written assertion of small entity status is only
 required to be filed once and will remain effective until changed. See
 MPEP §§
 509.02 and 509.03 regarding the requirements
 for qualifying as a small entity and the requirements for making an assertion of
 small entity status. 
 

 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
 authorized under 37 CFR 1.33(b) . See
 MPEP
 § 509.04 regarding the requirements for qualifying as a
 micro entity as well as the requirements for certifying micro entity status. 
 

 The refund provisions of 37 CFR
 1.28(a) for later submitted small entity assertions do apply
 to maintenance fees. However, the process in 37 CFR 1.28(a) 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. 
 

 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. 37 CFR
 1.27(g)(2) requires that a notification of loss of
 entitlement to small entity status be in the form of a specific written
 notification, rather than only payment of the undiscounted fee. See
 MPEP
 § 509.03(b) . Similarly, 37 CFR
 1.29(i) provides that 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. Form SB/460 “Notification of Loss of Micro Entity Status”
 may be used to notify the Office of a loss of entitlement to micro entity status.
 See MPEP
 § 509.04(e) for further information regarding notifying
 the Office of a loss of entitlement to micro entity status, including notifying the
 Office of a loss of entitlement to both micro and small entity status. All
 notifications to the Office regarding loss of entity status must be signed by a
 party identified in 37 CFR 1.33(b) .
 37 CFR
 1.366(f) serves as a reminder to patentees of the necessity
 to check for the loss of small entity status prior to paying each maintenance fee on
 a patent. This is also a requirement of 37 CFR 1.27(g) . Similarly
 37 CFR
 1.29(g) serves as a reminder of the necessity to check for
 the loss of micro entity status prior to paying any fee in the micro entity amount. 
 

 If status as a small or micro entity has been
 previously established by filing an assertion of small entity status or
 certification of micro entity status, and such status is checked and found to be
 proper, no notification is required. It is not necessary to file a new assertion
 establishing small or micro entity status at this point if the status as a small or
 micro entity has been established and is still proper. After establishing small or
 micro entity status, it is not necessary to file a new assertion of small entity
 status or certification of micro entity status, even if rights have been transferred
 from one small entity to another, or from one micro entity to another. The
 requirement is to notify the Office of the loss of entitlement and to pay the
 maintenance fee in the proper amount, where 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. 
 

 Where an Overpayment Notice is sent, the required
 reply depends on whether the entity status of record is correct. If the patentee
 determines entitlement to the entity status of record no longer exists or cannot be
 verified, the appropriate loss of entitlement notification must be filed. See
 37 CFR
 1.27(g)(2) regarding notification of loss of entitlement to
 small entity status. See 37 CFR 1.29(i) regarding
 notification of loss of entitlement to micro entity status. The loss of entitlement
 notification must be filed by mail, facsimile, or via the USPTO patent electronic
 filing system because the online payment system cannot accept entity status
 documents. A non-extendable ONE MONTH period from the mailing date of the notice
 will be provided for filing a notification of loss of entitlement to small or micro
 entity status. However, if additional money is required to complete an undiscounted
 payment of the maintenance fee and any required surcharge under 37 CFR
 1.362(e) , the reply (including the additional money and the
 loss of entity status entitlement notice) must be filed within the earlier of: (A)
 the non-extendable ONE MONTH period from the mailing date of the notice; or (B) any
 time remaining under 37 CFR 1.362 , including the
 grace period provided by 37 CFR 1.362(e) . Absent a
 timely reply to the Overpayment Notice, the Office will apply the maintenance fee in
 the reduced amount corresponding to the entity status of record and refund the
 overpayment amount. Accordingly, if the patentee is actually entitled to the entity
 status of record, no reply to the Overpayment Notice is necessary. 
 

 Where an Underpayment Notice is sent, the required
 reply depends on whether the entity status of record is correct. If the patentee
 determines that the entity status of record is correct, the reply including the
 additional money required for a sufficient payment in the correct higher amount,
 including any necessary surcharge under 37 CFR 1.362(e) , must be timely
 filed. If the patentee determines the entity status of record is not correct, the
 reply must include any additionally required money including any necessary surcharge
 under 37 CFR
 1.362(e) , and the appropriate entity status document (e.g.,
 written assertion of small entity status under 37 CFR
 1.27 or certification of micro entity status under
 37
 CFR 1.29 ). The entity status document must be filed by mail,
 facsimile, or via the USPTO patent electronic filing system because the online
 payment system (i.e., the Patent Maintenance Fees Storefront ( https://fees.uspto.gov/Maintenance
 Fees )) cannot accept entity status documents. Whether or not the
 entity status of record is correct, the reply must be filed within the earlier of:
 (A) a non-extendable ONE MONTH period from the mailing date of the notice; or (B)
 any time remaining under 37 CFR 1.362 , including the
 grace period provided by 37 CFR 1.362(e) . Note that if a
 previously unpaid surcharge under 37 CFR 1.362(e) has come due by
 the time the reply is filed, sufficient payment will require payment of the
 surcharge as well as any additional money required to complete the required
 maintenance fee amount. Absent a timely reply to the Underpayment Notice, the Office
 will return the amount received. If the amount received was returned, payment of the
 maintenance fee and any necessary surcharge in the correct amount must be filed
 within the time remaining under 37 CFR 1.362 , including the
 grace period provided by 37 CFR 1.362(e) . Note that an
 entity status document may also be required to be filed with the payment in order to
 establish what the correct amount is (e.g., if the patentee determines that the
 entity status of record is not correct). If the payment was returned and there is no
 time remaining in the grace period provided by 37 CFR 1.362(e) , a petition
 under 37 CFR
 1.378 for acceptance of a delayed maintenance fee payment
 must be filed in order to seek acceptance of an unintentionally delayed maintenance
 fee. See MPEP §
 2590 . 
 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 2501-Introduction 

 2502-2503-[Reserved] 

 2504-Patents Subject to Maintenance Fees 

 2505-[Reserved] 

 2506-Times for Submitting Maintenance Fee Payments 

 2507-2509-[Reserved] 

 2510-Submission of Maintenance Fee Payments and Documents 

 2511-2514-[Reserved] 

 2515-Information Required for Submission of Maintenance Fee Payment 

 2516-2519-[Reserved] 

 2520-Maintenance Fee Amounts 

 2521-[Reserved] 

 2522-Methods of Payment 

 2523-2529-[Reserved] 

 2530-Special Acceptance of Maintenance Fee Payments Containing Informalities 

 2531-Payment Late or Insufficient 

 2532-Duplicate Payments 

 2533-2539-[Reserved] 

 2540-Fee Address for Maintenance Fee Purposes 

 2541-[Reserved] 

 2542-Change of Correspondence Address 

 2543-2549-[Reserved] 

 2550-Entity Status Discounts 

 2551-2559-[Reserved] 

 2560-Revocation of Power of Attorney and Withdrawal of Attorney 

 2561-2569-[Reserved] 

 2570-Maintenance Fee Payment Status Requests 

 2571-2574-[Reserved] 

 2575-Notices 

 2576-2579-[Reserved] 

 2580-Review of Decision Refusing to Accept and Record Payment of a Maintenance Fee Filed Prior to Expiration of Patent 

 2581-2589-[Reserved] 

 2590-Acceptance of Delayed Payment of Maintenance Fee in Expired Patent to Reinstate Patent 

 2591-Intervening Rights in Reinstated Patents 

 2592-2594-[Reserved] 

 2595-Forms 

 

 

 
 

 
 
 

 
 

 

 
 
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 Last Modified: 
 
 03/09/2026 20:50:47