Certification of Micro Entity Status
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.
There are two different Certification Forms at the USPTO depending upon how
a patent applicant is qualifying as a Micro Entity.
Gross Income Basis (Micro Entity Qualification)
If a patent applicant is qualifying as a Micro Entity based on the gross
income basis, then each of the inventors will need to complete and file the
Certification of Micro Entity Status – Gross Income Basis which is
USPTO Form
PTO/SB/15A.
Institution of Higher Education Basis (Micro Entity Qualification)
If a patent applicant is qualifying as a Micro Entity based on the
inventor’s employment by an
institution of higher education, then
each of the inventors will need to complete and file the Certification of
Micro Entity Status (Institution of Higher Education Basis) which is
USPTO Form
PTO/SB/15B.
Who Can Sign the Micro Entity Certification Forms?
The certification of micro entity status forms (PTO/SB/15A and
PTO/SB/15B) may only be signed by a party authorized in 37 CFR 1.33(b) which
are:
- A patent attorney of record or acting in a representative capacity;
- An inventor who is named as the sole inventor
and identified as the applicant; or
- All of the joint inventors who are identified as the applicant
(should sign separate copies of the relevant micro entity certification
form(s).
An officer of an assignee corporation or organization is
not authorized to sign a certification of
micro entity status form.