Continued Obligation to Determine Micro Entity Qualification

37 CFR 1.29 Micro entity status.

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(g) A certification of entitlement to micro entity

status need only be filed once in an application or patent. Micro entity

status, once established, remains in effect until changed pursuant to

paragraph (i) of this section. 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.

Where an assignment of rights or an obligation to assign rights to other

parties who are micro entities occurs subsequent to the filing of a

certification of entitlement to micro entity status, a second certification

of entitlement to micro entity status is not required.

(h) Prior to submitting a certification of

entitlement to micro entity status in an application, including a related,

continuing, or reissue application, a determination of such entitlement

should be made pursuant to the requirements of this section. It should be

determined that each applicant qualifies for micro entity status under

paragraph (a) or (d) of this section, and that any other party holding

rights in the invention qualifies for small entity status under

§

1.27

. The Office will generally not question

certification of entitlement to micro entity status that is made in

accordance with the requirements of this section.

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An applicant is not required to provide a certification

of micro entity status with each fee payment once micro entity status has been

established by filing a certification in an application. While an applicant is not

required to provide such a certification with each fee payment, the applicant must

still be entitled to micro entity status to pay a fee in the micro entity amount at

the time of all payments of fees in the micro entity amount. Thus it must be

determined whether the requirements for micro entity status exist at the time each

fee payment is made

fication in an application. While an applicant is not

required to provide such a certification with each fee payment, the applicant must

still be entitled to micro entity status to pay a fee in the micro entity amount at

the time of all payments of fees in the micro entity amount. Thus it must be

determined whether the requirements for micro entity status exist at the time each

fee payment is made. If any requirement for micro entity status is no longer met,

then the applicant must notify the Office of loss of micro entity status and pay the

required fee in the small entity or undiscounted amount, as appropriate.

For micro entity status on the gross income basis under

37 CFR

1.29(a)

, the applicant must determine that the applicant and

each inventor or joint inventor still meet the applicable conditions of

37 CFR

1.29(a)

to claim micro entity status. For example, the

applicant must determine that neither the applicant nor inventor nor joint inventor

has had a change in gross income that exceeds the “maximum qualifying gross income”

as reported on the USPTO website (a new determination must be made each year because

gross income may change from year to year, and micro entity status is based upon

gross income in the calendar year preceding the calendar year in which the applicable

fee is being paid). In addition, the applicant must determine that neither the

applicant nor inventor nor joint inventor has made, or is obligated by contract or

law to make, an assignment, grant, or conveyance to an entity exceeding the “maximum

qualifying gross income,” and that no new inventor or joint inventor has been named

in the application who does not meet the conditions specified in

37 CFR

1.29(a)

. See

MPEP §

509.04(a)

, subsection I, for additional information.

For micro entity status under

35 U.S.C

ntor has made, or is obligated by contract or

law to make, an assignment, grant, or conveyance to an entity exceeding the “maximum

qualifying gross income,” and that no new inventor or joint inventor has been named

in the application who does not meet the conditions specified in

37 CFR

1.29(a)

. See

MPEP §

509.04(a)

, subsection I, for additional information.

For micro entity status under

35 U.S.C.

123(d)

, the applicant must determine that each applicant still

complies with

37 CFR 1.29(d)

(e.g., still

obtains the majority of his or her income from an institution of higher education as

defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

37 CFR

1.29(g)

also provides that where an assignment of rights or an

obligation to assign rights to other parties who are micro entities occurs subsequent

to the filing of a certification of entitlement to micro entity status, a second

certification of entitlement to micro entity status is not required.