How does employment affect micro entity status for inventors?
How does employment affect micro entity status for inventors?
An inventor’s employment can significantly impact their eligibility for micro entity status. The MPEP provides specific guidelines:
“[A]n applicant is not considered to be named on more than four previously filed patent applications if the applicant has assigned, or is under an obligation to assign, all ownership rights in the applications as the result of the applicant’s previous employment.” (MPEP 509.04(a))
This means that if an inventor has previously filed patent applications as part of their job, and they have assigned or are obligated to assign the rights to their employer, these applications don’t count towards the four-application limit for micro entity status. However, it’s crucial to note that:
- The inventor must not be currently named as an inventor on more than four non-provisional patent applications.
- The inventor’s current employer must not be considered a non-micro entity.
Inventors should carefully evaluate their employment situation and patent history when determining their eligibility for micro entity status.
To learn more: