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.