The author of this article
Zheng Yuchen, ScienBiziP International Process and Information Department
Dong Ruonan ScienBiziP International Process and Information Department
On June 12, 2025, the United States Patent and Trademark Office (USPTO) announced that it will impose a fine of no less than three times the amount of official fees payable on applications that falsely claim small or micro entities, unless the applicant can prove that the previous erroneous entity statement was made in good faith and not intentionally false.
In recent years, with the decrease in the proportion of official fees for small and micro entities, a large number of small and micro entity applications have flooded in, and the problem of abuse of false entity statements has become increasingly prominent. The USPTO attaches great importance to this issue. The termination of approximately 3100 patent applications announced in October last year due to forged signatures has caused a significant shock in the industry. Since the beginning of this year, various measures have been introduced to demonstrate its determination to crack down on unfair patent applications and fraudulent behavior! This new regulation will also further implement the punishment. Follow me to learn more about it:
Core Policy Points
Core Policy Points
Punishment standards
- If false statements result in improper reduction or exemption of at least one official fee, the minimum fine shall be equal to the underpaid amount multiplied by three times.Any violation of fee reductions in official fees paid on or after December 29, 2022 may result in accountability, regardless of the application date.
Once the USPTO determines that a fine must be paid, it is classified as a US government debt due to the nature of the fine, and must still be paid even if the application is abandoned or the patent expires.
Execute program
Derivative risk
- Obstructing the case review process: After USPTO issues a Combined Notice and Order, the review of the patent application will be suspended until all outstanding fees and fines are resolved.Reduce PTA extension days: From the issuance of Combined Notice and Order to the full payment of outstanding fees and fines, any examination delays caused during this period will result in a reduction in Patent Term Adjustment (PTA) days.
Based on this trend, USPTO’s review of small and micro entities will only become increasingly strict in the future. I suggest that applicants:
Don’t take chances, integrity statement: strictly compare the qualification standards of small entities (37CFR 1.27) and micro entities (37CFR 1.29) and truthfully declare. Before each payment, it is necessary to re evaluate and confirm whether the corresponding conditions are still met. If there are any changes that no longer meet the requirements, the agent should be informed in a timely manner to make the changes and pay the correct physical fees. Do not have a lucky mentality of losing big for small things.
Be prepared for the future and reserve evidence: documents such as proof of the number of employees in the enterprise (such as insurance records), proof of annual income (such as tax records), and proof of university qualifications should be kept synchronously for future use. Communication records with the agency should also be kept as much as possible for easy traceability. If questioned, sufficient evidence chains should be provided in a timely manner for defense.
Don’t be greedy for cheap, choose a profession: entrust an institution with US patent agency qualifications to handle it, to avoid hidden dangers such as false agency and forged signatures. Professional agencies can also provide clearer and more accurate interpretations and response measures to regulations, reducing the risk of violations.
Saienbeiji has accumulated 30 years of experience in the field of intellectual property, and has its own US patent agency and practicing lawyer team. It is familiar with various practices of US patents and can directly communicate to provide professional analysis and advice, helping you easily deal with various policy difficulties and safeguard your patent applications. If needed, please feel free to contact us!
