File as small entity and then find out the next day that your client licensed to big entity the day before
From Patentbarquestions
What happens when small entity status changes before issuance?
In particular, one question asked about an inventor that filed as small entity
then assigned the rights to a large entity company. The company paid the small entity issue fee
although they knew they were supposed to pay a large entity fee. Then the assignee came to the agent
for advice about repercussions. ANSWER?
- 509.03.VII – Once small entity status is established in an application or patent, fees as a small entity
- may thereafter be paid in that application or patent without regard to a change in status until the issue
- fee is due or any maintenance fee is due
- VIII. IMPROPERLY ESTABLISHING SMALL ENTITY STATUS
- ...
- 37 CFR 1.27(h) indicates that any attempt to fraudulently establish status as a small entity or pay fees
- as a small entity will be considered as a fraud practiced or attempted on the Office… In addition,
- improperly and with intent to deceive establishing status as a small entity or paying fees as a small entity
- will be considered as a fraud practiced or attempted on the Office.

