07.24.12
USPTO Proposes Rules for Micro-Entity Status
The America Invents Act created a new “micro-entity” category of patent applicants, and in July this year, the USPTO released proposed rules for micro-entity status. These proposed rules set out procedures for claiming micro-entity status, paying micro-entity patent fees, notification of loss of micro-entity status and correction of payments of erroneously paid micro-entity fees. Applicants filing under micro-entity status would benefit from a 75 percent reduction of certain USPTO patent fees.
To qualify for micro-entity status, patent applicants must not have been named on more than four patent applications and must have an income less than three times the average gross income
reported by the U.S. Department of Labor for the previous calendar year. Also, the patent applicants must not have assigned or licensed the invention (and not be obligated to do so) to an entity with an income higher than this amount. If the patent applicants have assigned or licensed the invention (or are obligated to do so) to an institution of higher education, regardless of income level, the applicants qualify for micro-entity status. Micro-entity status, once established, remains in effect until changed by an applicant. Applicants should determine each calendar year whether micro-entity fee status is warranted, as applicants’ gross income and the median household income each may change from year to year.
Beginning Sept. 16, U.S. patent applications can be filed by assignees rather than only by the inventors. Consequently, the USPTO has invited comments on whether “inventor” should be used in place of “applicant” in the micro-entity rules. The micro-entity rules will not go into effect until after the public comment period and the USPTO sets micro-entity patent fees sometime in early Spring 2013.
The America Invents Act created a new “micro-entity” category of patent applicants, and in July this year, the USPTO released proposed rules for micro-entity status. These proposed rules set out procedures for claiming micro-entity status, paying micro-entity patent fees, notification of loss of micro-entity status and correction of payments of erroneously paid micro-entity fees. Applicants filing under micro-entity status would benefit from a 75 percent reduction of certain USPTO patent fees.
To qualify for micro-entity status, patent applicants must not have been named on more than four patent applications and must have an income less than three times the average gross income
reported by the U.S. Department of Labor for the previous calendar year. Also, the patent applicants must not have assigned or licensed the invention (and not be obligated to do so) to an entity with an income higher than this amount. If the patent applicants have assigned or licensed the invention (or are obligated to do so) to an institution of higher education, regardless of income level, the applicants qualify for micro-entity status. Micro-entity status, once established, remains in effect until changed by an applicant. Applicants should determine each calendar year whether micro-entity fee status is warranted, as applicants’ gross income and the median household income each may change from year to year.
Beginning Sept. 16, U.S. patent applications can be filed by assignees rather than only by the inventors. Consequently, the USPTO has invited comments on whether “inventor” should be used in place of “applicant” in the micro-entity rules. The micro-entity rules will not go into effect until after the public comment period and the USPTO sets micro-entity patent fees sometime in early Spring 2013.