What information must be included in the itemization for a micro entity fee deficiency payment?
According to 37 CFR 1.29(k)(1), the itemization for a micro entity fee deficiency payment must include: Each type of fee erroneously paid as a micro entity The current fee amount for a small or non-small entity The micro entity fee actually paid and the date of payment The deficiency owed amount for each fee The…
Read MoreHow is the gross income limit for micro entity status determined?
The gross income limit for micro entity status is determined as follows: It is set at three times the median household income for the preceding calendar year, as reported by the Bureau of the Census. The USPTO publishes the current maximum qualifying gross income on their website. This limit applies to each applicant, inventor, and…
Read MoreWhat are the income limitations for qualifying as a micro entity?
What are the income limitations for qualifying as a micro entity? To qualify as a micro entity based on income, an applicant’s gross income in the previous calendar year must not exceed three times the median household income as reported by the Bureau of the Census. The MPEP states: “The income limit is not described…
Read MoreCan an applicant claim micro entity status based on income from a foreign country?
Can an applicant claim micro entity status based on income from a foreign country? Yes, an applicant can claim micro entity status based on income from a foreign country. The MPEP clarifies: “For purposes of qualifying for micro entity status based on the gross income limit, the gross income in the foreign currency must be…
Read MoreWhat are the income limitations for micro entity status?
What are the income limitations for micro entity status? To qualify for micro entity status, an applicant’s income must not exceed three times the median household income as reported by the Bureau of the Census. According to USPTO’s 2022 notice, the income limit is $206,109. The MPEP states: “[A]n applicant qualifies as a micro entity…
Read MoreWhat are the requirements for micro entity status on the gross income basis?
To establish micro entity status on the gross income basis, an applicant must meet the following requirements as outlined in 37 CFR 1.29(a)(1)-(4): Qualify as a small entity Not have been named as an inventor on more than four previously filed patent applications Not have a gross income exceeding three times the median household income…
Read MoreWhat are the requirements for micro entity status based on an institution of higher education?
To establish micro entity status based on an institution of higher education, an applicant must meet two main requirements: Qualify as a small entity as defined in 37 CFR 1.27 Meet one of the following criteria: The applicant’s employer, from which they obtain the majority of their income, is an institution of higher education as…
Read MoreHow does assigning ownership rights affect micro entity status?
Assigning ownership rights can significantly affect micro entity status. The MPEP provides the following guidance: An applicant is disqualified from micro entity status if they transfer, or are obligated to transfer, any ownership interest to an entity that exceeds the gross income limit. If an inventor assigns all rights to an employer that exceeds the…
Read MoreCan an applicant with a license agreement qualify for micro entity status?
Can an applicant with a license agreement qualify for micro entity status? Yes, an applicant with a license agreement can potentially qualify for micro entity status, but there are specific conditions that must be met. The MPEP provides guidance on this: “An applicant is not considered to have been named on a previously filed application…
Read MoreWhat is the limit on the number of previously filed patent applications for micro entity status?
What is the limit on the number of previously filed patent applications for micro entity status? For micro entity status, an applicant must not have been named as an inventor on more than four previously filed patent applications. The MPEP states: “The applicant has not been named as an inventor on more than 4 previously…
Read More