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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.’