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.
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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.