What is the difference between small entity and micro entity status?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While both small entity and micro entity statuses offer reduced patent fees, they have distinct eligibility criteria:

  • Small Entity Status:
    • Available to individuals, small businesses (fewer than 500 employees), and non-profit organizations
    • Offers a 50% reduction in most patent fees
  • Micro Entity Status:
    • More stringent requirements, including income limitations and limits on the number of previously filed patent applications
    • Offers a 75% reduction in most patent fees

As per MPEP 509.03, “Small entity status entitles applicants to a fifty-percent reduction in a number of patent fees.” Micro entity status, while not explicitly covered in this section, provides even greater fee reductions for those who qualify.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure
Tags: Micro Entity Status, Patent Fee Reduction, Small Entity Status, USPTO fees