Small vs Micro-Entity Status

Aug 26, 2026 | Design, Inventor, Patent, Utility

When filing your patent application, it is important to clarify your entity status. Depending on what status applies to you, the discount of 60% or 80% may be applicable to most patent-related fees.

SMALL

Who qualifies: Individuals, nonprofits, or businesses with no more than 500 employees that have not assigned, licensed or otherwise conveyed an interest in the invention to a large entity.

If you qualify for small, you may qualify for micro.

MICRO

Who qualifies: Same as small entity, plus special provisions for employees of higher education institutions. Additionally:

• Neither the applicant nor the inventor has been named as an inventor on more than four previously filed US non-provisional applications
• Neither the applicant nor the inventor has assigned, licensed or otherwise granted an interest in the invention to an entity whose gross income exceeds the amount listed below (unless the entity is an institution of higher education)

Maximum qualifying gross income: $262,380 in the previous year from when the fee is paid (in 2026, subject to change), if any of the applicants or inventors make more than this amount, you automatically do not qualify for micro status.

Please note that if the application involves joint applicants, each applicant must qualify for micro entity status.

Additionally, you cannot falsify our status. Since 2025, USPTO started implementing statutory penalties for falsely made assertions or certifications of small and micro entity status. If USPTO finds that an applicant falsely asserted a small/micro entity status, the applicant may need to pay a fine of at least three times the amount that the entity underpaid.

Useful links:

• USPTO Fee Schedule
• Save on fees with small and micro entity status

If you have any questions, or would like to schedule a free consultation with our attorney, Jim Passe, do not hesitate to contact our office at 919-256-8199.

National Inventors’ Day

Feb 10, 2021 | Design, Inventor, Patent, Utility

National Inventors’ Day is Thursday, February 11, 2021. President Ronald Reagan first signed National Inventors’ Day into declaration on February 11, 1983, which coincides with Thomas Edison’s birthday, as a day to recognize and honor past, present, and inspire future inventors.

Do I Really Need a Patent Attorney?

Oct 21, 2020 | Design, Inventor, Patent, Utility

Do I really need a Patent Attorney?

The success rate of inventors attempting to file their own patent applications is very low compared to the success in obtaining meaningful patent protection using an experienced patent lawyer. The reason being is that there are hundreds of pages of laws, rules, and interpretations, as well as a specific vocabulary covering the writing of a patent application that must be learned before writing a patent application. A rule or law can change overnight by the Supreme Court or by the U.S. Patent Office (USPTO). Patent attorneys are the only attorneys who must have a technical degree and then pass both a state and a federal patent bar exam before being allowed to practice patent law before the USPTO, before writing/prosecuting patent applications, before giving patentability opinions, and the like.  Therefore, unless you plan on studying patent law for a couple of years and before attempting to execute a process fraught with traps, complexities, and difficulties, it would be best to consult an expert, i.e., an experienced patent attorney (someone with at least 10 years of experience).