Can 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 fees.”
International applicants must:
- Calculate their gross income in U.S. dollars
- Meet the same income threshold as U.S. applicants
- Certify their eligibility under oath
The USPTO uses the World Bank’s gross national income (GNI) per capita figures for the applicant’s country of residence to determine the income threshold. Applicants should refer to the most recent World Bank data when assessing their eligibility.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure