According to the 2011 America Invents Act (a/k/a "Patent Reform"), which became effective on September 16, 2011, implemented in the USPTO rules at 37 CFR 1.29, a "Micro Entity" is an applicant who qualifies under one of these two categories:. To obtain micro entity status, the applicant must do the following: Submit a signed copy of the USPTO form SBB 50, available for download on the USPTO forum page. Unlike TM and patents, where federal law defines it, trade secret are covered by state law, so must look to the relevant state. Prior to March 19, 2013, there are only two entity sizes: “Large Entity” and “Small Entity”. Benefits of Micro Entity Status at the U.S Patent Office. We qualify as micro entity and filed the appropriate form MES.GIB. A submission has not been filed officially at the USPTO until the e-filer executes the Submit function and the documents are received at the USPTO Eastern Time. The micro entity status is awarded based on the circumstances a given inventor finds himself in. Still, under the rules, Princeton-owned applications would qualify for micro entity status. However, if one joint inventor is appointed to prosecute the application on behalf of all the other joint inventors, then only that one joint inventor need sign the micro entity certification form. Complete form 35 U.S.C 123, which requires certification for the applicant to be thought of as a micro entity. 6 The amount in parentheses is applicable in case of filing by a “micro entity” (see paragraphsUS. 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). How to Apply for Micro Entity Status. The Office’s form PTO/SB/15B contains the certifications under 37 CFR 1.29(d) that are required to establish micro entity status on the institution of higher education basis. The United States Patent and Trademark Office (USPTO) is revising the rules of practice in patent cases to implement the micro entity provision of the Leahy-Smith America Invents Act (AIA). With recent changes to accounting standards in the UK can you ask your accountant to prepare simpler accounts, thus reducing your accountancy fees? Micro entity status allows you to pay the Micro Entity Fee rate, which is a 75% discount off the full undiscounted fee rate. After March 19, 2013, a “Micro Entity” size was added. (Updated June 9, 2020) Yes. For joint inventor applicants, each joint inventor should sign a separate copy of the relevant micro entity certification form. I filed two forms, one with my name and signature at the top and bottom, and one with his and checked the checkbox at the bottom for both. In 2011, Congress passed the Leahy Smith America Invents Act in patent reform. By Donald Zuhn -- Last week, the U.S. Patent and Trademark Office announced proposed amendments to the rules of practice to implement the micro entity provision of § 10 of the Leahy-Smith America Invents Act. In this case, all you have to do to claim the micro entity discount is to fill out and submit a one-page form with a total of four fields titled “Certification of Micro Entity Status.” That’s it. Micro entity status must be applied for, and certain conditions must be met. Most common form of IP for a businesses. 8 If not paid with the basic national fee, the USPTO will invite the applicant to pay the fee within a time period fixed in the The USPTO rules for institutions of higher education are somewhat unclear. Can have an indefinite life, unlike patents. An applicant who is neither a small entity nor a micro-entity is considered to be a large entity and must pay standard fees. The Acknowledgement Receipt is evidence of this submission. A small entity as used in this chapter means any party (person, small business concern, or nonprofit organization) under paragraphs (a)(1) through (a)(3) of this section. Legal entity – Official designation: (b) Address: Postal code: City: Country: (c) Email4: (d) Telephone5: a power of attorney is attached to the present form (optional) 3 Only one box should be checked. (1) Person. A micro entity certification must certify that all of the requirements for micro entity status as they appear in 37 C.F.R. The main benefit for a patent applicant that qualifies as a Micro Entity at the U.S. Patent Office is that they are entitled to a 75% discount on most U.S Patent Office fees (e.g. In March 2013 the patent office provided a reduction in fees for micro entities. Thus, the cut-off for micro entity status would be three times that, or $150,162. My alma-mater (Princeton University) has an $18 billion endowment and is far from being micro in any non-astronomic sense of the word. 1.29(d). For instance, the USPTO could allow an assignee to sign a power of attorney without naming itself as the applicant. A patent applicant claiming to have Micro Entity Status must file a Certification of Micro Entity Status with the U.S. Patent Office before it will receive the 75% discount. All items denoted by * are required. This would make them ineligible for micro entity status. The goal of the program is to complete examination of a prioritized application within a (12) month period from the date prioritized status is granted. Certification of Micro Entity Status. The Office offers reduced fees to universities, small businesses, startups , independent inventors, and others to make the patent prosecution process more accessible, which in turn helps promote innovation and competition in the American and international markets. 7 Must be paid within the time limit applicable under PCT Article 22 or 39(1). A USPTO form that can be used to make such a statement can be found here. However PTO came back saying it doesn't correctly identify the application to which it relates. The certification of micro entity status forms (Forms PTO/SB/15A and PTO/SB/15B) may only be signed by an authorized party as set forth in 37 CFR 1.33(b). For example, instead of paying $280 to file a provisional patent application, a Small Entity would pay only $140. There are 2 signature blocks reflecting that in addition to the small entity requirement under 37 CFR 1.29(d)(1) , there are two alternative requirements under 37 CFR 1.29(d)(2) . (The USPTO makes the latest figure easy to find here.) If both boxes are checked, the name of the representative will be recorded with the name of … The micro entity rules include a major loophole as well – university owned patent applicants can also qualify for the fee-reduction. However, the top says "First Named Inventor". 19-21). Micro entity status, once established, remains in effect until changed pursuant to paragraph (i) of this section. A filer that qualifies as a Micro-Entity would pay $70, a 75% discount. Micro Entity Status. For instance, some universities once had offices whose sole purpose was to file patent applications on employees' behalves. The entity size of a patent applicant/owner is important for determining the amount of government fees paid to U.S. Patent & Trademark Office (USPTO). A summary of the permitted patent-related deadline extensions provided by the USPTO is detailed below. Micro Entity. For micro entity, a certification of micro-entity status must be filed with or before any payment of fees at the micro-entity rate. One form is available for micro entity certification under the “gross income” basis set forth in 37 C.F.R 1.29(a), and the other form is available for micro entity certification under the “institution of higher education” basis set forth in 37 C.F.R. Alternatively, the USPTO could harmonize its rules on micro entity status and powers of attorney to achieve the desired benefits to qualifying institutions. But 44 states have adopted the Uniform Trade Secrets Act, so they have similar definitions. filing fee, extension of time fees, issue fee, patent maintenance fees). If the filer qualifies for Small Entity Status, the USPTO offers a half-price discount. Applicants that establish small entity status or micro entity status are eligible to pay reduced rates for certain USPTO fees. Which deadlines for small and micro entities falling from March 27, 2020 to June 30, 2020 are considered timely filed on or before July 1, 2020 by filing a COVID-19 statement? There are two different Certification Forms at the USPTO depending upon how a patent applicant is qualifying as a Micro Entity. In 2011, the America Invents Act (AIA) created the new category of micro entities who can reduce certain fees by 75%. Note that the small or micro entity status need not have been established prior to the date of the Extended CARES Act notice. Question 7: Are all entities entitled to a period of relief for payment of an issue fee? Applicants who qualify for small entity status can reduce many USPTO fees by 50%. If the micro entity was not applied for at the time of initial filing, the USPTO fees will not be refunded retrospectively. Overview of Entity Size at USPTO. Micro Entity A micro entity receives a 75% reduction in most USPTO fees. The below is the description quoted from USPTO. However, a fee may be paid in the micro entity amount only if status as a micro entity as defined in paragraph (a) or (d) of this section is appropriate on the date the fee is being paid. Under this program, qualifying patent applications by small or micro entity status applicants will be granted prioritized examination without the fees ordinarily associated with prioritized examination.