Q: Dear sir, How to disclose the entity as Small Scale unit in granted patent for paying renewal fees
Our Indian patent has been granted in USA. But our entity was not disclosed as small scale unit while filing application through our agent in US. Is it possible to change now by ourself in order to pay the renewal fee that is applicable for small scale unit. What are the document required for changing the Entity type as Small scal eunit
A:
The USPTO classifies applicants as large entity, small entity, and micro entity. Assuming you qualify, then even after the patent was granted, it is possible to change your status to small or micro entity and get a substantial discount on the renewal fees.
Small entities are often small businesses with fewer than 500 employees, or businesses/individuals who don't qualify for micro entity status. See: https://www.uspto.gov/blog/director/entry/ensuring-the-validity-of-micro#:~:text=A%20small%20entity%20is%20generally,to%20a%20non%2Dsmall%20entity.
Micro entities are usually very early stage startups, lower income inventors who have not filed much before, or educational institutions. The micro entity requirements are here: https://www.uspto.gov/patents/laws/micro-entity-status
As you can see from the first article, the USPTO does have a problem with erroneous filings. Regardless of if you can do this for yourself or not, consider asking your original attorney or other US patent attorney to help.
A:
To change the entity type to a small scale unit in a granted patent for paying renewal fees, you may need to file a request for a change of entity status with the United States Patent and Trademark Office (USPTO). This request should include evidence that your entity qualifies as a small scale unit, such as financial statements, tax returns, or other relevant documents.
You may also need to update the information regarding your entity in the patent records. This can typically be done by filing an Assignment or Correction of Applicant Information form with the USPTO.
It is important to note that changing the entity type may require additional fees, and the USPTO may require additional documentation or information. It may be helpful to consult with a patent attorney or agent to ensure that the necessary steps are taken and all requirements are met.
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