Do I need to recertify micro entity status after assigning rights to another micro entity?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10

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.

No, you do not need to recertify micro entity status after assigning rights to another micro entity. The MPEP 509.04(d) clearly states:

‘Where an assignment of rights or an obligation to assign rights to other parties who are micro entities occurs subsequent to the filing of a certification of entitlement to micro entity status, a second certification of entitlement to micro entity status is not required.’

This provision simplifies the process when transferring rights between micro entities, eliminating the need for additional paperwork as long as the new rights holder also qualifies for micro entity status.

Tags: micro entity, patent application, patent assignment, rights transfer, USPTO