What are the requirements for micro entity status based on an institution of higher education?

To establish micro entity status based on an institution of higher education, an applicant must meet two main requirements:

  1. Qualify as a small entity as defined in 37 CFR 1.27
  2. Meet one of the following criteria:
    • The applicant’s employer, from which they obtain the majority of their income, is an institution of higher education as defined in section 101(a) of the Higher Education Act of 1965, or
    • The applicant has assigned, granted, conveyed, or is under an obligation to assign, grant, or convey, a license or other ownership interest in the application to such an institution of higher education.

As stated in MPEP 509.04(b): “An applicant for micro entity status under the ‘institution of higher education’ basis set forth in 37 CFR 1.29(d) must satisfy two requirements.”

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: micro entity, patent fees