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Tag Archives: Micro Entity

USPTO Publishes Final Micro Entity Rules

Posted in Patent Office Practice; Patent Reform

The USPTO has published final rules governing the new Micro Entity status that will permit certain patent applicants to pay certain patent fees at a 75% reduced rate. The rules set forth three independent ways to qualify for Micro Entity status: (i) based on the income of each applicant, (ii) based on each applicant’s employer being an “institution of higher education,” and (iii) based on each applicant having assigned or licensed the application to an “institution of higher education” (or being obligated to do so). This article focuses on (ii) and (iii). Although the rules technically take effect on March 19, 2013, applicants will not be able to pay fees at the Micro Entity rate until the USPTO implements its own fee-setting authority, which it expects to do in “Spring 2013.”  When it takes effect, Micro Entity status will offer a cost savings of at least $750 per application, and at least $3000 over the life of a patent. This savings could add up quickly across a university’s portfolio, and may justify the costs of both aligning internal practices to qualify for Micro Entity status and taking the steps to claim Micro Entity status.Continue reading this entry

USPTO Publishes Proposed Micro Entity Rules

Posted in Patent Office Practice; Patent Reform; USPTO Proposed Rule Changes

Federal Register Notice set to publish on May 30, 2012, sets forth the USPTO’s proposed rules for implementing the Micro Entity provisions of the America Invents Act (“AIA”). The proposed rules closely track the new law, but the USPTO seeks input on one important issue of statutory interpretation. Public comments on the proposed rules should be submitted by July 30, 2012.Continue reading this entry