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