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Micro Entity Status and Fee Changes at the USPTO

On March 19, 2013, we’ll be seeing a new fee schedule go into effect at the US Patent and Trademark Office. As part of the new fee schedule, the USPTO is introducing a new filing status called the Micro Entity status. This video discusses these changes and requirements for qualifying as a micro entity.

The complete US PTO fee schedule can be seen here.

The US PTO’s information on micro entities can be viewed here.

And the USPTO’s form for micro entity certification can be downloaded here.

From the USPTO website:

Section 10(g) of the AIA introduces a new definition and segment of applicants – micro entities – that are distinct from the small entities provided for under 35 U.S. C. § 41(h)(1).   The micro entity definition is added to 35 U.S.C. by introducing a new Section 123 to Title 35.  The AIA defines a micro entity as an applicant who certifies that he/she:

  • Qualifies as a small entity;
  • Has not been named as an inventor on more than 4 previously filed patent applications;
  • Did not, in the calendar year preceding the calendar year in which the applicable fee is paid, have a gross income exceeding 3 times the median household income; and
  • Has not assigned, granted, or conveyed (and is not under obligation to do so) a license or other ownership interest in the application concerned to an entity that, in the calendar year preceding the calendar year in which the applicable fee is paid, had a gross income exceeding 3 times the median household income.

What about multiple inventors?

In the case where there are multiple co-inventors, each inventor must meet the criteria for micro entity status. Otherwise, you will have to file as a small entity.