How is micro entity status determined for higher education institutions?
Micro entity status for higher education institutions is determined under 35 U.S.C. 123(d). According to MPEP 509.04(d):
‘For micro entity status under 35 U.S.C. 123(d), the applicant must determine that each applicant still complies with 37 CFR 1.29(d) (e.g., still obtains the majority of his or her income from an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).’
This means that applicants must continually verify that they still receive the majority of their income from a qualifying institution of higher education to maintain micro entity status under this provision.
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