What types of patent applications count towards the micro entity application filing limit?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

For the purpose of micro entity status, the following types of patent applications count towards the application filing limit:

• Previously filed U.S. nonprovisional applications (utility, design, plant, continuation, and divisional)
• Previously filed U.S. reissue applications
• Previously filed U.S. national stage applications under the Patent Cooperation Treaty (PCT)
• Previously filed international design applications under the Hague agreement that designate the U.S.

The MPEP states: “All such applications naming the inventor or a joint inventor are counted toward the application filing limit, whether the applications were filed before, on, or after March 19, 2013.“

Applications that do not count towards the limit include:

• Foreign applications
• International (PCT) applications for which the basic U.S. national stage filing fee was not paid
• Provisional applications