How does the micro entity status carry over to continuation or divisional applications?

Micro entity status does not automatically carry over to continuation or divisional applications. A new certification is required for each new application:

1. A new assertion of entitlement to micro entity status is required for any continuation, divisional, or continuation-in-part application.
2. This applies even if micro entity status was properly claimed in the parent application.
3. The new certification must be filed in the continuing application.

The MPEP states: The refiling of an application under 37 CFR 1.53 as a continuation, divisional, or continuation-in-part application (including a continued prosecution application under 37 CFR 1.53(d) (design applications only)), requires a new certification of entitlement to micro entity status in the continuing application.

It’s important to note that this requirement for a new certification applies specifically to micro entity status. For small entity status, a new assertion is also required, but the rules are slightly different.

For more information on continuation application, visit: continuation application.

For more information on continuation-in-part application, visit: continuation-in-part application.

For more information on Divisional application, visit: Divisional application.