Determining Entity Size
The U.S. Patent and Trademark Office (USPTO) allows certain qualifying entities to receive discounts on various patent fees by identifying themselves as a “small entity ” or a “micro entity.” Please see a short overview of three different options offered by the USPTO and the current cost for Provisional application filing fee.
Micro Entity
$60.00
A micro entity receives the largest reduction in most USPTO fees. An applicant generally qualifies as a micro entity if the applicant and inventors each have gross annual incomes less than three times the median household income for the preceding year. Employees of higher education institutions may also qualify for micro entity status.
As of September 12, 2023, the "maximum qualifying gross income" for purposes of paying any eligible fee at the micro entity discount rate under the gross income basis has changed to $223,740.
Small Entity
$120.00
A small entity receives a 60% reduction in most USPTO fees. An applicant generally qualifies for small entity status if the applicant is:
an individual,
a company having not more than 500 employees, or
a non-profit organization (including a university).
However, these entities do not qualify as a small entity if the claimed invention has been assigned, granted, conveyed, or licensed to a large entity (i.e., an entity that does not qualify as a small entity), or is under obligation under contract or law to assign, grant, convey, or license, any rights in the invention to a large entity. It is for this reason that your entity status may vary from application to application, even if you would otherwise qualify for small entity status.
Undiscounted Entity
$300.00
Undiscounted entities are not entitled to any discount on fees offered by the USPTO. This entity status is for patent applicants that do not qualify for micro or small entity status (e.g., a business with 500+ employees).