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?
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
