Can an institution of higher education itself claim micro entity status?
No, an institution of higher education cannot itself claim micro entity status. The micro entity status based on an institution of higher education is intended for inventors who are employees of such institutions or who have assigned rights to them, not for the institutions themselves.
MPEP 509.04(b) clarifies: “Although the 37 CFR 1.29(d) basis for qualifying for micro entity status is referred to as the ‘institution of higher education’ basis, it is not the institution of higher education that can qualify for micro entity status, but rather inventors who are employees of an institution of higher education (see 37 CFR 1.29(d)(2)(i)) or inventors or applicants who have conveyed ownership rights to an institution of higher education (see 37 CFR 1.29(d)(2)(ii)).”
The institution itself cannot logically make the certifications required under the regulations, such as certifying that its employer is an institution of higher education or that it has assigned rights to itself.
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