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The "micro entity" status is a further status, which was introduced with the Leahy–Smith America Invents Act (AIA), enacted in 2011. The small entity status allows small businesses, independent inventors, nonprofit organizations to file a patent application and maintain an issued patent for a reduced fee—a 60% reduction. [1]
As of May 6, 2021, the USPTO small-entity filing fee is $150 for provisional patent applications having 100 or fewer pages of specification and drawings. [3] Complexity involved for a provisional application on the part of both the applicant and the USPTO is generally much less than that of a non-provisional patent application.
Changes to US patent law in December 2012 created a sub-category of Small Entity Status called "Micro Entity Status" [62] for inventors who qualify for Small Entity Status, but also have a gross income less than a certain amount, and have assigned their patent(s) to their employer which is an institution of higher education. [63]
Micro-entity: The AIA added a micro-entity status. A micro-entity includes an independent inventor with a previous calendar year gross income of less than 3 times the national median household income who has previously filed no more than four non-provisional patent applications, not including those the inventor was obligated to assign to an ...
However, patent term adjustment or extension are possible if the USPTO fails to issue a patent within 3 years after filing the full application, subject to various conditions on the applicant. [29] [circular reference] The rules for drafting and filing a patent application are set out in the Manual of Patent Examining Procedure (MPEP).
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia.
At the same time, the examination fee was only $1,600 for large entities; at $800 for small-entities status; and at $400 for micro-entities status. [21] In comparison, for the same application with 20 claims (i.e., with undiscounted $1,600 examination fee at the USPTO) the European Patent Office would charge about $5,000, and the Japanese ...
2011: Public Law 112-29 (America Invents Act) – Establishes USPTO's authority to set most patent and trademark fees such that aggregate revenue from the fee schedule recovers aggregate costs. Establishes additional small entity fees and new micro entity fees. Design patents and plant patents are not subject to maintenance fees at all. [27]