Sometimes an applicant for a patent application files their application and claims entitlement to an entity status discount. However, perhaps during the pendency of the application or even after issue of the patent, the applicant is acquired by another entity or grows such that they no longer qualify for the entity status discount.
The United States Patent and Trademark Office (USPTO) requires applicants to notify it when there is a change that results in the loss of entitlement ot an entity status.
When do I have to notify of a change in entity status?
The USPTO states “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.”
Additionally, the USPTO states “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.”
So, as soon as you have a change in entity status, notify your patent attorney so they can inform the USPTO prior to paying, or at the time of paying, any fee.
What if I accidentally paid the wrong fee before changing the entity status?
If you accidentally paid a fee under an entity status that should have been changed, you may owe a fee deficiency payment. If you can assert that your entity status was previously established in good faith, and that the entity status either was established in error, or the USPTO was not notified of the less of entitlement through error, the then you can pay a deficiency payment equal to the difference in what you should have paid and what you actually paid.
It is best to consult with your patent attorney to prepare and submit the correct forms to the USPTO.