How is gross income determined for micro entity status?

For micro entity status, gross income is determined as follows:

  • Based on the calendar year preceding the year a fee is paid
  • Uses the definition of gross income in section 61(a) of the Internal Revenue Code
  • Compared to three times the median household income as reported by the Bureau of the Census
  • For non-US income, converted using the average currency exchange rate for the relevant calendar year

The USPTO website provides the current maximum qualifying gross income limit.

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