Can a small business qualify for micro entity status?

Can a small business qualify for micro entity status?

Yes, a small business can potentially qualify for micro entity status, but there are specific requirements to meet. The MPEP outlines two main paths for small businesses:

1. Income-based qualification: If the small business’s income does not exceed three times the median household income in the preceding calendar year, it may qualify.
2. Institution of higher education qualification: If the small business has assigned, granted, conveyed, or is under obligation to assign, grant, or convey a license or other ownership interest in the application to an institution of higher education.

The MPEP states:

“An applicant that qualifies as a micro entity under either the gross income basis or the institution of higher education basis can file a certification of micro entity status on either basis (but not both).”

It’s important to note that all parties involved (applicants, inventors, and joint inventors) must meet the requirements. For more details, refer to MPEP 509.04.

To learn more:

• micro entity
• small business
• patent applications
• USPTO

To learn more:

• patent fees