How does the application filing limit work for micro entity status?

The application filing limit for micro entity status works as follows:

  • An applicant must not have been named as an inventor on more than 4 previously filed patent applications
  • This limit excludes provisional applications, foreign applications, and PCT applications where the basic national fee was not paid
  • Applications filed as a result of previous employment where rights were assigned don’t count towards the limit

MPEP 509.04(a) clarifies: ‘It does not matter how long ago the previous applications were filed or whether the previously filed applications are pending, patented, or abandoned; they are still included when counting to determine whether the application filing limit has been reached.’

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, MPEP 509 - Payment of Fees, Patent Law, Patent Procedure
Tags: international patent applications, micro entity, patent fees, USPTO database