Do I qualify for micro entity status?

Do I qualify for micro entity status?

An applicant generally qualifies as a micro entity if the applicant and inventors each have gross annual incomes less than three times the median household income for the preceding year (currently $153,051). Higher education institutions may also qualify for micro entity status.

What makes a micro entity?

Micro entity: an entity (typically an individual or group of individuals) who: has not been named as an inventor on more than 4 prior patent applications (other than applications assigned to a prior employer);

How do I apply for a micro entity status?

(e) Micro entity status is established in an application by filing a micro entity certification in writing complying with the requirements of either paragraph (a) or (d) of this section and signed either in compliance with § 1.33(b), in an international application filed in a Receiving Office other than the United …

How do I claim small entity status?

Small entity status may be established by the submission of a simple written assertion of entitlement to small entity status. The assertion must be signed, clearly identifiable, and convey the concept of entitlement to small entity status. 37 CFR 1.27(c)(1).

Who qualifies for small entity status?

The USPTO has defined four categories of concerns that qualify as “small entity”: a university, a nonprofit organization, an individual inventor, or a small business concern. The definitions for a “university,” “nonprofit organization,” and “individual inventor” are defined in the patent regulations.

How do you qualify as a small entity?

Qualifying as a Small Entity Under U.S. Patent Rules

1. an individual.
2. a small business concern having no more than 500 employees (or affiliates)
3. a university, or.
4. a 501(c)(3) nonprofit organization.

What is certification of micro entity status?

The certification of micro entity status forms (PTO/SB/15A and PTO/SB/15B) may only be signed by a party authorized in 37 CFR 1.33(b) which are: A patent attorney of record or acting in a representative capacity; An inventor who is named as the sole inventor and identified as the applicant; or.

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

USPTO patent fees are generally proportionate to the size of the applicant. A large entity with over 500 employees must pay the full rate. A small entity pays 50% of the full rate. A micro entity pays only 25% of the full rate (i.e., a 75% discount off the full rate, and half the rate paid by a small entity).

Can a business be a micro entity?

The smallest businesses and inventors can qualify for micro entity status. If you qualify for micro entity status, you can have your fees reduced by as much as 75 percent.

How do I file a micro entity?

To qualify as a Micro Entity, the filer must be a Small Entity and must also meet the following criteria: The applicant has not been named as the inventor on a total of more than four utility patents (regular utility patents, as opposed to provisional patent applications), design patents, or plant patents.

What is an inventor declaration?

115 Inventor’s oath or declaration. (a) NAMING THE INVENTOR; INVENTOR’S OATH OR DECLARATION. —An application for patent that is filed under section 111(a) or commences the national stage under section 371 shall include, or be amended to include, the name of the inventor for any invention claimed in the application.

What are the requirements for micro entity status?

There are two ways on which one can qualify for micro entity status: (1) Gross Income Basis, or (2) Institution of Higher Education Basis. To qualify for micro entity status on the gross income basis in a particular patent application, the following criteria must be met:

What do you need to know to become a small entity?

To earn small entity status, you must fulfill one of three requirements: You are a legal person who has not given anyone else rights to your invention. If you have given rights to your invention, you can still earn small entity status so long as the person granted rights also qualifies. You are a small business concern.

What are the benefits of being a micro entity?

Applicants with large entity status pay the full rate for fees to the United States Patent Office. On its face, the principal benefit for a patent applicant who qualifies as a micro-entity or for micro entity status at the United States patent office is that there is a discount on most United States patent office fees.

How does a micro entity patent get awarded?

A micro entity patent is a patent awarded to someone or some company that has a micro entity status. Micro entity status is awarded based on the circumstances a given inventor finds himself in. Micro entity status must be applied for, and certain conditions must be met.