Can for-profit universities qualify for micro entity status?

No, for-profit universities do not qualify as ‘institutions of higher education’ for the purpose of establishing micro entity status. One of the requirements for an institution of higher education under the Higher Education Act of 1965 is that it must be non-profit.

MPEP 509.04(b) states: “One of the requirements for an ‘institution of higher education’ under section 101(a) of the Higher Education Act of 1965 is that the institution be non-profit. Therefore, for-profit universities and colleges do not qualify as an ‘institution of higher education’ for purposes of establishing micro entity status.”

This means that employees or those who have assigned rights to for-profit universities cannot claim micro entity status on this basis.

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
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