Patent Law FAQ

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

How does employment at an institution of higher education affect micro entity status?

Employment at an institution of higher education can provide a pathway to micro entity status. The MPEP states:

“A micro entity shall also include an applicant who certifies that: (1) The applicant’s employer, from which the applicant obtains the majority of the applicant’s income, is an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or (2) The applicant has assigned, granted, conveyed, or is under an obligation by contract or law, to assign, grant, or convey, a license or other ownership interest in the particular application to such an institution of higher education.” (MPEP 509.04(d))

This means that if you are employed by a qualifying institution of higher education and receive the majority of your income from it, or if you have assigned or are obligated to assign your rights in the application to such an institution, you may be eligible for micro entity status. This provision can be particularly beneficial for academic researchers and inventors.

To learn more:

• micro entity
• higher education
• patent fees
• USPTO

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

How does employment at an institution of higher education affect micro entity status?

Employment at an institution of higher education can provide a pathway to micro entity status. The MPEP states:

“A micro entity shall also include an applicant who certifies that: (1) The applicant’s employer, from which the applicant obtains the majority of the applicant’s income, is an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or (2) The applicant has assigned, granted, conveyed, or is under an obligation by contract or law, to assign, grant, or convey, a license or other ownership interest in the particular application to such an institution of higher education.” (MPEP 509.04(d))

This means that if you are employed by a qualifying institution of higher education and receive the majority of your income from it, or if you have assigned or are obligated to assign your rights in the application to such an institution, you may be eligible for micro entity status. This provision can be particularly beneficial for academic researchers and inventors.

To learn more:

• micro entity
• higher education
• patent fees
• USPTO

The institution of higher education basis allows applicants to qualify for micro entity status if:

1. The applicant’s employer, from which the applicant obtains the majority of their income, is an institution of higher education as defined in the Higher Education Act of 1965, or
2. The applicant has assigned, granted, conveyed, or is obligated to assign, grant or convey, a license or ownership interest in the application to such an institution of higher education.

The applicant must also qualify as a small entity. This basis is implemented in 37 CFR 1.29(d).

How does employment at an institution of higher education affect micro entity status?

Employment at an institution of higher education can provide a pathway to micro entity status. The MPEP states:

“A micro entity shall also include an applicant who certifies that: (1) The applicant’s employer, from which the applicant obtains the majority of the applicant’s income, is an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)); or (2) The applicant has assigned, granted, conveyed, or is under an obligation by contract or law, to assign, grant, or convey, a license or other ownership interest in the particular application to such an institution of higher education.” (MPEP 509.04(d))

This means that if you are employed by a qualifying institution of higher education and receive the majority of your income from it, or if you have assigned or are obligated to assign your rights in the application to such an institution, you may be eligible for micro entity status. This provision can be particularly beneficial for academic researchers and inventors.

To learn more:

• micro entity
• higher education
• patent fees
• USPTO