If each party holding rights in the invention qualifies under 37 CFR 1.27 as a small entity (e.g., independent inventor, a small business, or a nonprofit organization) fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents may be reduced by half. Only applicants qualifying as a small entity may potentially qualify for micro entity status (discussed in the paragraph below). In other words qualification for small entity status under 37 CFR 1.27 is a baseline requirement for qualifying for the micro entity discount. A third party is not eligible for the micro entity discount.
Certification of Micro Entity Status
If the applicant qualifies for micro entity status on the gross income and application filing limit basis under 37 CFR 1.29(a), or the "institution of higher education" basis under 37 CFR 1.29(d), the fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents may be reduced by 75%. A signed "CERTIFICATION OF MICRO ENTITY STATUS" is required before any fee can be paid at the micro entity discount. See USPTO forms PTO/SB/15A and PTO/SB/15B. The required certifications under 37 CFR 1.29(a) to qualify on the gross income and application filing limit basis appear on form PTO/SB/15A. The required certifications under 37 CFR 1.29(d) to qualify on the "institution of higher education" basis appear on form PTO/SB/15B. The USPTO will not accept blanket statements that the applicant qualifies for micro entity status.