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To be considered for micro entity status, the applicant must first qualify as a small entity. Subsequently, the following standards must be met:
:# the The applicant must not be named an inventor on more than 4 patent filings. :# the The applicant must have made less than 3 times the median household income for the year prior to the year in which the patent fee is payable. Median household incomes will be reported by the Bureau of the Census. :# the The applicant has not nor is under any obligation to share rights to the patent in question with an entity that has an income greater than 3 times the median household income.
For anyone employed by an institution of higher education, the institution must meet the standards set in Title 20: U.S. Code 1001 <ref name="20USC" /> or the rights to any patents the employee holds have been or must be shared with such an institution.

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