What is the institution of higher education basis for micro entity status?
The institution of higher education basis allows applicants to qualify for micro entity status if: 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 The applicant has assigned, granted, conveyed, or is obligated to assign,…
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 MoreWhat fees are reduced for micro entities?
Micro entities receive a 75% reduction on many USPTO fees, including: Filing fees (nonprovisional and provisional) Search fees Examination fees Issue fees Appeal fees Maintenance fees Patent Trial and Appeal Board fees The micro entity discount applies to most fees ‘for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents.’
Read MoreWhat happens if I lose entitlement to micro entity status?
If you lose entitlement to micro entity status, you must: File a notification of loss of entitlement to micro entity status in the application or patent Pay the required fee in the small entity or undiscounted amount, as appropriate The notification must be filed prior to or at the time of paying the earliest fee…
Read MoreHow 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,…
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