How can inventors or applicants qualify for micro entity status through an institution of higher education?

Inventors or applicants can qualify for micro entity status through an institution of higher education in two ways:

1. If the inventor is an employee of an institution of higher education and obtains the majority of their income from that institution.
2. If the applicant has assigned, granted, conveyed, or is obligated to assign, grant, or convey a license or other ownership interest in the application to an institution of higher education.

MPEP 509.04(b) states: “Under 37 CFR 1.29(d)(2)(i) the applicant must certify that the applicant’s employer, from which the applicant obtains the majority of the applicant’s income, is an institution of higher education. … Under 37 CFR 1.29(d)(2)(ii) the applicant must certify that the applicant has assigned, granted, or conveyed a license or other ownership interest in the subject application (or is obligated to do so) to such an institution of higher education.”

In both cases, the applicant must also meet the small entity requirement.

To learn more:

• micro entity status
• institution of higher education
• inventor
• patent applicant