How is micro entity status determined for gross income basis?
For micro entity status based on gross income under 37 CFR 1.29(a), applicants must regularly reassess their eligibility. The MPEP 509.04(d) explains: ‘For micro entity status on the gross income basis under 37 CFR 1.29(a), the applicant must determine that the applicant and each inventor or joint inventor still meet the applicable conditions of 37…
Read MoreHow is gross income determined for micro entity status?
For micro entity status, gross income is determined as follows: Based on the calendar year preceding the year a fee is paid Uses the definition of gross income in section 61(a) of the Internal Revenue Code Compared to three times the median household income as reported by the Bureau of the Census For non-US income,…
Read MoreHow is gross income calculated for micro entity status when dealing with foreign currency?
When calculating gross income for micro entity status involving foreign currency, the USPTO provides specific guidelines: If an applicant’s, inventor’s, or entity’s gross income in the preceding calendar year is not in U.S. dollars, the average currency exchange rate reported by the Internal Revenue Service (IRS) for that calendar year must be used for conversion.…
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 MoreCan international applicants claim micro entity status based on gross income?
Can international applicants claim micro entity status based on gross income? Yes, international applicants can claim micro entity status based on gross income, provided they meet the eligibility criteria. The MPEP 509.04(a) clarifies: “For purposes of micro entity status, the gross income (instead of median household income) is used to determine entitlement to reduced patent…
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