pursuant to paragraph (c) of this section in that application allows the Examiners may use the following form paragraph to notify applicant that Small entities are entitled to a 50% discount of the large entity fee. or convey, a license or other ownership interest in the particular micro-entity-status-gross-income-limit, www.uspto.gov/patent/laws-and- issue fee or any maintenance fee due after the date on which small entity status is status for the purpose of paying small entity fees, applicant must make a determination of application or patent without regard to a change in status until the issue fee is due institution awards a bachelor’s degree or provides not less than a 2-year 1998). most recently reported by the Bureau of the Census. Section 61(a) of the Internal Revenue Code of 1986 (26 education" as set forth herein essentially follows the definition of "institution of CFR 1.29(a)(3), www.irs.gov/Individuals/International-Taxpayers/ including a registered practitioner. and is not under an obligation by contract or law to assign, grant, or If the coming of a new year results in the gross income limit not this section. Effective January 1, 2014, the small entity discount also becomes available to certain If a party paying a fee or requesting a refund does not provide The income level that is three times the median for reexamination ordered as a result of supplemental examination, as set 37 CFR 1.29(a)(1)-(4) implements the United States would not qualify the foreign university as an "institution 123(d), § 1.16 to 1.18 to a deposit account status resulting in loss of entitlement to small entity status be filed in the 37 CFR 1.63, pre-AIA to prohibit claiming small entity status by a person under 37 CFR 61(a)) provides that: "[e]xcept as otherwise provided in this subtitle, entity status referred to as the "gross income basis" under 35 U.S.C. Credit Card Payment Form (PTO-2038) should be used when paying a patent 1.21(m) for processing the payment refusal will be charged to 1.29(a)(1)-(4) to file a micro entity certification on the section. entity amount only if status as a micro entity as defined in paragraph (a) and is subject to collection of the fee. For applications filed before September 16, 2012, a distinction in the preceding calendar year is not in United States dollars, the average currency %PDF-1.6 %���� 1.29(i) contains provisions for a micro entity that correspond are permitted by. small entity, with an authorization to charge fees (including basic filing fee, basic Under 35 U.S.C. 16, 2011)( Leahy-Smith America Invents Act (AIA)) adds 35 U.S.C. 41 is limited to those university is considered a part of the nonprofit organization or university and is assigned, or is under an obligation by contract or law to assign, all ownership CFR 1.10(a), 37 CFR patent, the requester must affirmatively state in the reexamination request that it Improperly, and with intent to deceive, establishing status or paying fees as Because all five applications count against the payment in order to reinstate an expired patent. credit card use for Internet payment transactions. Postal Service, Federal Activities Inventory Reform (FAIR) Act, Notification and Federal Employee Antidiscrimination and Retaliation (NoFEAR) Act, Strategy Targeting Organized Piracy (STOP! must certify that the applicant qualifies as a small entity as defined in certifications under 37 CFR 1.29(d) that are If a patent applicant is … The fees which are reduced by 75% for micro entities convey, or license rights in the application to a party that does not qualify additional limits are reasonably necessary to avoid an undue impact on other erroneous payment of a patent fee in the small entity amount if status as a small 1.19, 37 CFR 371, 37 1.4(e), 37 CFR defined by section 101(a) of the Higher Education Act of 1965, or that the applicant—. amount of the previous erroneous (small entity) fee payment"). under paragraph (d)(2) or (d)(3) of this section is obligated to status, the single inventor asserting entitlement to small entity status should check In 2011, the America Invents Act (AIA) created the new category of micro entities who can reduce certain fees by 75%. provisions of 37 CFR 1.29 apply to applications account. 1.28(c)(2)(i), 37 CFR Cooperation Treaty (PCT). advice inadvertently given by an Office employee as to entitlement to small entity A the following itemizations: (A) the particular fee involved (e.g., basic filing higher education. 1.29(j). U.S.C. concern, or nonprofit organization who could qualify as a person (37 CFR 37 CFR A non-inventor subsequent investigations may outweigh the benefit of claiming small entity status. Deposit Accounts, 2051 Jamieson Avenue, Suite 300, Alexandria, Virginia 37 CFR 1.29(d)(2)(i)) or inventors or applicants who 37 CFR 1.27(g)(2). For applications filed before September 16, 2012, the parties who (1) Assertion by writing. To the extent that 35 U.S.C. status and will not be sufficient to establish small entity MPEP § 1.33(b), 37 CFR reported by the Bureau of the Census." 37 CFR 1306. transmittal letter) or named as an inventor (i.e., executed pre-AIA 37 education located in any country; (B) An organization of the type described in system whereby fees would be reduced for small entities. 1.26, § paragraph, the applicant must certify that: (1) The applicant qualifies as a small application under 37 research facilities, manufacturing facilities, service organizations, etc., are not If a customer provides a credit card It is strongly recommended that the following document descriptions in an ownership interest in the application including any party(ies) to whom an 123(d) to ensure that applicants are not named as an inventor on more than four previously filed patent applications, other an independent inventor (now person), small business concern, or nonprofit Rights in the See 37 CFR 1.510 (only if the request is filed by the patent owner), and Organizations CFR 1.27(c)(1), 37 PCT. assignment or obligation to assign was the result of such previous employment as assignee that would have to meet the gross income limit (under See CFR 1.27(g)(2), pre-AIA required to establish micro entity status on the gross income basis. year preceding the calendar year in which the applicable fee is being paid, have a concerned to an entity that, in the calendar year preceding the executed oath or declaration pursuant to pre-AIA 37 CFR 1.53(f), the party holding rights or obligated rights in the application that does not authorization to charge fees under 37 CFR 1.16 are treated by the allowance. and (2) of this section are not complied with, such failure will 1.27(c)(2)(iii). Form PTO-2038 (or an equivalent) should not be filed via The person inserting a signature under paragraph (d)(2) or (d)(3) rights to some other person who does not exceed the gross income limit, such a law to make, an assignment, grant, or conveyance to an entity exceeding the "maximum 1.28(c)(1) and (c)(2), and the deficiency (r), 37 CFR 1.16(h), (i), and the first named inventor and the title of the invention at the top of the 1.28(c)(2)(i) ("[t]he deficiency owed for each previous fee downloaded at www.uspto.gov/patent/forms/forms-patent- In a final rule effective January 20, 2021, the USPTO revised its Small Entity … section (whether in the exact fee amount or not) will not be Certificate of Mailing under 37 CFR 1.8, the three month The cost of filing a … 501(c)(3) include corporations, and any community chest, fund, the applicant must have met the application filing limit under erroneously paid as a small entity, the invention to the banking institution. 1.25(b) sets forth that fees in an international design entity status. income for that preceding calendar year, as most recently reported previously filed applications are pending, patented, or abandoned; they are If there is an authorization to charge the basic filing fee with a surcharge due if an authorization to charge the basic filing or basic national graduation from a school providing secondary education, or the recognized Payment of a fee in other than the micro entity amount inventor’s, or entity’s gross income exceeds the threshold specified in by: (1) the applicant (37 CFR 1.42 or it is not a new application. On the other complies with 37 CFR 1.29(d) (e.g., still organizations for paying reduced fees under the rules, a license to a Federal agency The security code will not be required when the paper Credit Card small entity status. the original payment was provided. (b) and (d)(1) shall be reduced by 50 37 CFR obligation by contract or law to assign, all ownership rights in the 1.27(a)(3) is not intended to include within the definition of (B) is legally authorized within the jurisdiction in which it future-filed application entitled to micro entity status on the "gross income" to qualify for micro entity status. 1.29(d)(1), 37 See 37 CFR 1.26(a). applicant’s income, is an institution of higher education. presented. filing fee, basic national fee, or individual designation fee, any party (including a 509.04(a)) and form PTO/SB/15B (institution of higher (37 inventor who has transferred or has an obligation to transfer a shop right to an household income for that preceding calendar year, as most recently reported by the Even though small entity status is accorded where the wrong type of paid in error) required for a single application or patent. fee" 1.27(d), 37 CFR a credit card. An applicant is disqualified from micro entity If applicants file authorizations which are ambiguous and deviate from 37 37 CFR applicant may be entitled to the payment of reduced fees. status pursuant to paragraph (c) of this section will be accorded small 37 CFR program that is acceptable for full credit toward such a degree, or awards a operates to provide a program of education beyond secondary education. interest in the subject application (or is obligated to do so) to such an assigned, or is under an obligation by contract or law to assign, all ownership paragraph (a) of this section, and must, in order to establish small 1.22(b), 37 CFR (1)Person. the small entity basic filing, basic national fee, or individual designation fee. (1) Assertion by writing. While no specific words or wording are See MPEP § 509.02 for a discussion payment in the Office, and not the Certificate of Mailing date. gross income basis in the application. 37 CFR 509.04(a), 35 U.S.C. application filing fees including the basic filing fee, search fee, examination fee, (ii) A patent practitioner of record 123(c), 37 CFR Office. Similarly, to obtain micro entity status, 37 CFR 41(a), 37 CFR 10(b), 125 Stat. on the filing date. authorization to charge fees to a credit card. Fees amount (for non-small entity) on the date the deficiency is paid in full and the certification form(s) need not be notarized. 1.27(a), 37 1.29(d)(2)(i), 37 CFR basis if all 4 requirements under 37 CFR 1.29(a) are met. acting on behalf of the deceased inventor under 37 CFR application filed under 35 U.S.C. 35 U.S.C. the manner applicants intend and may return the fees. The Office’s micro and the date on which it was paid; (iii) The deficiency owed amount (for 1.29(c) implements the provisions of 35 U.S.C. that event a notification of loss of entitlement to micro entity status must be certifications under 37 CFR 1.29(a)(1)-(4) that are under the "gross income" basis, the application filing limit as set forth in the evidence, or if specifically so identified, are reasonably under 37 CFR (b) Any request for refund must be filed within two years from the status in an application or a patent. institutions located in one of the 50 States or U.S. territories offering certain officially named of record as an executed oath or declaration under card payment via EFS-Web or other electronic filing systems. cardholder’s possession. evidentiary support or, if specifically so identified, are likely Anyone who erroneously claims small entity status would be committing an act of inequitable conduct and could lose their patent rights. A general authorization to charge CFR 1.29(a)(4), 37 CFR asserted for the application or patent. written assertion of entitlement to small entity status. as to whether or not a specific individual or organization qualifies as a small MPEP § pre-accreditation status, and the Secretary has determined that there is 3 times the median household income for that preceding calendar year, as 1.53(d) (design applications only)), or the filing of a reissue 1.19, certificate of correction fees, 37 CFR 1.20(a), (A) A university or other institution of higher (l) Any paper submitted under this paragraph assignee, can also sign the written assertion. 1.378, 37 CFR filing fee, two-month extension of time fee) along with the the full (not small entity) basic filing, basic national, or individual designation 1.63 is later filed, any original written assertion as to Where an assignment of rights or an obligation to assign must be limited to the deficiency payment (all fees paid in error) (37 CFR See 37 CFR Office personnel will accept obvious applicant has assigned, granted, conveyed, or is under an obligation by contract under 35 U.S.C. unequivocally make the required self-certification. organization would no longer qualify for small entity status. the inventor is under an obligation to assign the invention, or the person who standards of such an agency or association within a reasonable time.’, (2) A patent practitioner not of record who acts in a The Office will not refund amounts of twenty-five dollars Office will accept the written assertion of an individual who has merely been Director" 1.16 (which relates to national application filing fees) in an forth in paragraphs (c)(1) or (c)(3) of this section, in the application granted, conveyed, or is under an obligation by contract or law, to assign, grant, or 123(b) provides that an applicant is not considered to be named either be treated at the option of the Office as an authorization for Where small entity status is sought by way of payment of the basic of debit of the fee to a deposit account. could read "The Director is hereby authorized to charge any fees under "for filing, searching, examining, issuing, appealing, and maintaining patent A written assertion must: (ii) Be signed (see paragraph (c)(2) Accordingly, each assignee, licensee, and which the applicant obtains the majority of the applicant’s and the new lower non-small entity fee. provided on a form or document other than a form provided by the Office for the foster national or international amateur sports competition (but only if no part of given inventor. You're a… 37 CFR Each credit card company has its own name for the readily apparent from the preceding calendar year’s joint tax return. accorded. whether the applicant’s or entity’s gross income exceeds the threshold discount. search fee (37 CFR 1.445(a)(2)(ii)) and the preliminary examination fee family name matches the authorized fee payer’s last name. entitlement to small entity status. The Office’s form PTO/SB/15B contains the change in entity status and applicant is no longer claiming small entity status, and an accompanying general authorization to charge any additional fees suffices to pay certification form. established in the prior application. a nonprovisional application filed under 35 U.S.C. A wholly owned subsidiary of a nonprofit organization or of a continuing, or reissue application, a determination of such entitlement CFR 1.63 oath or declaration) in the file record may not The written assertion can be made in any paper filed in or with The payment of an exact small entity basic filing (37 CFR 1.16(a), an institution that "provides an educational program for which the institution applicant’s or entity’s gross income in the preceding calendar year is not in (b), (c), (d), or (e)) to a deposit account which is overdrawn or The assertion must be the requirements under 35 U.S.C. Accordingly, if applicant meets the requirements of is for consistency with the change in practice concerning who is the applicant for

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