The USPTO has initiated an enforcement system targeting false declarations of small entity and micro entity fee statuses, an effort that began with Director Vidal's leadership and legislative changes in 2023. Entities making false claims could face penalties including financial fines of at least three times the unpaid fees and various application delays. Recent amendments have introduced good faith exceptions to these penalties, highlighting the importance of accurate fee status claims. This process also implies significant implications for patent examinations and overall compliance in the application process.
The USPTO has begun implementing a comprehensive enforcement system for false assertions of small entity and micro entity fee status, with penalties included for violations.
The memo outlines a notice-and-order process that may lead to significant financial penalties, examination delays, and patent term adjustments for unauthorized claims.
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