Incorrectly claimed small entity status

Started by cheesepep, 05-20-19 at 02:57 PM

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cheesepep

Have application filed as small entity (listed as so in ADS and paid small entity fees), based on what client told me. Client now informs me that it should be large entity instead. Do I just update the entity status to large in PAIR and pay the small entity fee again (two times small entity fee is large entity)?

MYK

See MPEP 509.03 paragraph X.

Looks like you can update the status in Private PAIR.  You have to pay the difference between what was already paid and the current large-entity fees.

https://blog.oppedahl.com/?p=787

https://www.uspto.gov/sites/default/files/documents/QSG-Entity%20Status-Final.pdf

"The life of a patent solicitor has always been a hard one."  Judge Giles Rich, Application of Ruschig, 379 F.2d 990.

Disclaimer: not only am I not a lawyer, I'm not your lawyer.  Therefore, this does not constitute legal advice.



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