What is the small entity requirement for micro entity status based on an institution of higher education?
To qualify for micro entity status based on an institution of higher education, the applicant must first meet the small entity requirement. This means that every party holding rights in the application must qualify as a small entity under 37 CFR 1.27.
MPEP 509.04(b) states: “In order to meet the small entity requirement, every party holding rights in the application must qualify as a small entity under 37 CFR 1.27. If any rights in the application are assigned, granted, conveyed, or licensed to a party that does not qualify as a small entity under 37 CFR 1.27, the applicant cannot qualify for any patent fee discount.”
This requirement ensures that only truly small entities benefit from the micro entity status, even when associated with an institution of higher education.
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