MPEP § 509.04(c) — Parties Who Can Sign the Micro Entity Certification (Annotated Rules)
§509.04(c) Parties Who Can Sign the Micro Entity Certification
This page consolidates and annotates all enforceable requirements under MPEP § 509.04(c), including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Parties Who Can Sign the Micro Entity Certification
This section addresses Parties Who Can Sign the Micro Entity Certification. Primary authority: 37 CFR 1.33(b) and 37 CFR 1.46. Contains: 1 requirement, 1 guidance statement, 1 permission, and 2 other statements.
Key Rules
Micro Entity Status
Additionally, if any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.
Additionally, if any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.
Micro Entity – Higher Education Basis (509.04(b))
A certification of micro entity status, on either the gross income basis or the institution of higher education basis, can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
- (1) A patent practitioner of record;
- (2) A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34; or
- (3) The applicant (37 CFR 1.42). Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
Assignee as Applicant Signature
A certification of micro entity status, on either the gross income basis or the institution of higher education basis, can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
…
(3) The applicant (37 CFR 1.42).
Correspondence Signature Requirements
A certification of micro entity status, on either the gross income basis or the institution of higher education basis, can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
…
Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
Micro Entity Certification (509.04(c))
For joint inventor applicants, each joint inventor should sign a separate copy of the relevant micro entity certification form. However, if one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form. See USPTO form PTO/AIA/81, titled “Power Of Attorney To One Or More Of The Joint Inventors And Change Of Correspondence Address”, available on the USPTO forms Web page at www.uspto.gov/patent/patent-forms.
Types of Forms
For joint inventor applicants, each joint inventor should sign a separate copy of the relevant micro entity certification form. However, if one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form. See USPTO form PTO/AIA/81, titled “Power Of Attorney To One Or More Of The Joint Inventors And Change Of Correspondence Address”, available on the USPTO forms Web page at www.uspto.gov/patent/patent-forms.
Citations
| Primary topic | Citation |
|---|---|
| Assignee as Applicant Signature Correspondence Signature Requirements Micro Entity – Higher Education Basis (509.04(b)) | 37 CFR § 1.33(b) |
| Micro Entity – Higher Education Basis (509.04(b)) | 37 CFR § 1.34 |
| Assignee as Applicant Signature Correspondence Signature Requirements Micro Entity – Higher Education Basis (509.04(b)) | 37 CFR § 1.42 |
| Micro Entity Status | 37 CFR § 1.46 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 509.04(c) — Parties Who Can Sign the Micro Entity Certification
Source: USPTO509.04(c) Parties Who Can Sign the Micro Entity Certification [R-11.2013]
A certification of micro entity status, on either the gross income basis or the institution of higher education basis, can be signed only by an authorized party as set forth in 37 CFR 1.33(b), which includes:
- (1) A patent practitioner of record;
- (2) A patent practitioner not of record who acts in a representative capacity under the provisions of 37 CFR 1.34; or
- (3) The applicant (37 CFR 1.42). Unless otherwise specified, all papers submitted on behalf of a juristic entity must be signed by a patent practitioner.
For joint inventor applicants, each joint inventor should sign a separate copy of the relevant micro entity certification form. However, if one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form. See USPTO form PTO/AIA/81, titled “Power Of Attorney To One Or More Of The Joint Inventors And Change Of Correspondence Address”, available on the USPTO forms Web page at www.uspto.gov/patent/patent-forms.
Additionally, if any applicant is an assignee or other party under 37 CFR 1.46, and the assignee or other party is a corporation or organization rather than a person, a registered practitioner must sign the certification of micro entity status. An officer of the assignee corporation, for example, is not authorized to sign a certification of micro entity status.