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The Leahy-Smith America Invents Act of 2011 establishes a new
fee structure for the solo inventor (or university employee) to be
known as "micro entities." 35 U.S.C. 123. The
purpose is to allow these micro entities to receive a seventy-five
percent (75%) reduction in patent filing fees.
In simplistic terms, a micro entity is one that:
Qualifies as a small entity (fewer than 500 employees)
Has fewer than four (4) prior patent applications
Has a gross income less than three (3) times the median
household income reported by the most recent Census Bureau report
(median of $49,445 for 2010)
Has not agreed to assign the invention to an entity that does
not meet the income requirements
A micro entity also includes an applicant who is employed by or
has agreed to assign the patent to an institution of higher
education.
On May 30, 2012, the United States Patent and Trademark Office
("USPTO") issued a proposed rulemaking about
implementation of these micro entities. The highlights
are:
The process for claiming micro entity status will track the
current status for small entities.
The certification of a micro entity will only need to be made
once in a particular application or patent.
The USPTO will rely on the certification of the applicant
without requiring additional documentation.
If there is more than one applicant, all applicants must
individually meet the requirements (i.e., the income of the
applicants is not aggregated).
If micro entity status is incorrectly made (but in good faith),
the status can be corrected by following a specific procedure and
the difference in the fees can be paid.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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