How does the application filing limit work for micro entity status?
The application filing limit for micro entity status works as follows: An applicant must not have been named as an inventor on more than 4 previously filed patent applications This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid Applications filed as a result of previous employment…
Read MoreHow do I certify micro entity status?
To certify micro entity status, you must file a certification form with the USPTO. The USPTO provides two forms: Form PTO/SB/15A for certifying under the gross income basis Form PTO/SB/15B for certifying under the institution of higher education basis The certification must be signed by an authorized party as defined in 37 CFR 1.33(b). It…
Read MoreCan foreign applicants qualify for micro entity status?
Yes, foreign applicants can qualify for micro entity status if they meet all the requirements. The USPTO states in MPEP 509.04(a): Small entities may claim reduced fees regardless of the country in which they are located. There is no restriction requiring that the person, small business concern, or nonprofit organization be located in the United…
Read MoreWhat are the requirements to qualify for micro entity status?
To qualify for micro entity status, an applicant must meet the following requirements: Qualify as a small entity Not be named as an inventor on more than 4 previously filed patent applications Not have a gross income exceeding 3 times the median household income in the previous calendar year Not have assigned, licensed, or be…
Read MoreHow long does micro entity status last?
Micro entity status, once properly established, generally remains in effect until: A fee is paid in the small entity or undiscounted amount A notification of loss of entitlement to micro entity status is filed The issue fee or a maintenance fee is due However, the applicant has a continued obligation to verify eligibility for micro…
Read MoreWhat are the risks of improperly claiming micro entity status?
Improperly claiming micro entity status can have serious consequences: It may be considered fraud on the USPTO if done knowingly It can result in the patent being held unenforceable Improperly paid fees will need to be corrected, which may include late fees MPEP 509.04 warns: ‘Any attempt to fraudulently establish status as a micro entity,…
Read MoreHow can I pay patent fees to the USPTO?
How can I pay patent fees to the USPTO? The USPTO offers several methods for paying patent fees. According to MPEP 509: “Fees can be paid: (A) by credit card, (B) by electronic funds transfer (EFT), (C) by check, (D) by money order, (E) by deposit account, or (F) in cash (for hand-carried applications only).”…
Read MoreHow do I set up a deposit account with the USPTO?
How do I set up a deposit account with the USPTO? To set up a deposit account with the USPTO: Visit the USPTO Deposit Accounts page Download and complete the Deposit Account Application Form Submit the form with an initial deposit (minimum $1,000) Wait for account approval and receive your account number According to MPEP…
Read MoreHow does the USPTO handle refunds for fees paid by credit card?
The USPTO has specific procedures for handling refunds of fees paid by credit card. According to MPEP 509: 35 U.S.C. 42(d) and 37 CFR 1.26 (which concern refund of patent and trademark fees) also apply to requests for refund of fees paid by credit card. Any refund of a fee paid by credit card will…
Read MoreWhat is the Credit Card Payment Form (PTO-2038) and when should it be used?
The Credit Card Payment Form (PTO-2038) is a specific form provided by the USPTO for making credit card payments for patent and trademark process fees. According to MPEP 509: Credit Card Payment Form (PTO-2038) should be used when paying a patent process or trademark process fee (or the fee for an information product) by credit…
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