How is micro entity status determined for gross income basis?
For micro entity status based on gross income under 37 CFR 1.29(a), applicants must regularly reassess their eligibility. The MPEP 509.04(d) explains:
‘For micro entity status on the gross income basis under 37 CFR 1.29(a), the applicant must determine that the applicant and each inventor or joint inventor still meet the applicable conditions of 37 CFR 1.29(a) to claim micro entity status.’
This includes ensuring that gross income doesn’t exceed the maximum qualifying amount, which changes annually. Applicants must make this determination each year, as micro entity status is based on the gross income in the calendar year preceding the fee payment.
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