Madisonville, KY asked in Patents (Intellectual Property) for Kentucky

Q: Should I check the box claiming small entity status if claiming micro entity status on the patent application data sheet

Hello, I have a question regarding a question on the patent application data sheet (PTO/AIA/14.) In the application section thereof it asks if small entity status is claimed. I am claiming micro entity status; however, I question whether or not I should check the box for small entity status as it doe not offer a box for micro entity status on the sheet. Is micro entity status a subsection of small entity status?

This question arises again on the Design Patent Application Transmittal form (PTO/AIA/18.) In the Application Elements section it asks if the applicant asserts small entity status, as well as asking if the applicant certifies micro entity status. Should I check both? Or only the one certifying micro entity status?

1 Lawyer Answer
Kevin E. Flynn
Kevin E. Flynn
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Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: I checked the small entity box on one of the first micro entity submissions I made as part of being a micro entity is that you qualify as a small entity. That confused people at the USPTO.

So if you are going to pay small entity fees, check small entity. If you are going to pay micro entity fees and submit the income forms for each applicant and for your company if the idea will be assigned, then do not check the small entity boxes.

If you found this answer helpful, you may want to look at my answers to other questions about patent law are available at the bottom of my profile page at

https://lawyers.justia.com/lawyer/kevin-e-flynn-880338

Kevin E Flynn

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