How is an ‘institution of higher education’ defined for micro entity status purposes?
An ‘institution of higher education’ for micro entity status purposes is defined according to Section 101(a) of the Higher Education Act of 1965. The key criteria include:
- Located in any U.S. state or territory
- Admits students with secondary education or equivalent
- Authorized to provide post-secondary education
- Offers bachelor’s degrees or at least 2-year programs toward such degrees
- Is a public or non-profit institution
- Is accredited or pre-accredited by a recognized agency
As stated in MPEP 509.04(b): “Section 101(a) of the Higher Education Act of 1965 defines what is meant by ‘institution of higher education’ in the context of 37 CFR 1.29(d).”
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MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure