Patent and Invention Help Forum

Can I change a micro entity provisional patent to a small entity non-provisional


This is my first time posting here,  thank you so much for your assistance.  I found your videos and provisional patent template very helpful.  I have applied for a micro entity provisional patent yesterday.  There is a chance that I may license my product to a third party manufacturer sometime in the future, ie 6+ months or so.  From what I understand, one of the clauses for a micro entity qualification is that if you are licensing your product to a third party, the third party must have a gross income of no more than $150,000.  I'm not sure how accurate this is.  Nevertheless, assuming this is correct, I would require a small entity patent.  My question is, when I file my non-provisional patent, can I change my entity status from micro to small entity?

Also,  what is the turn-around time to receive a confirmation email when applying for a provisional patent?  I applied yesterday evening but haven't received anything via email.

Thanks for any input,



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Hi George,

Thanks for your questions:

1) Yes, it is very easy to change from micro entity to small entity
2) There is no confirmation email.  You will get a paper filing receipt sent by regular mail in a few weeks

My free patent template:

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Disclaimer: The information on this site is not legal advice and is not a substitute for an attorney or a law firm.  You should seek legal counsel for legal questions.

Brian Coyle

That is true.  If you file as a micro entity (assuming you qualify and follow the rules) than after that you license the application and no longer qualify as a micro entity and pay future fees as a small entity you do still save money on your original provisional filing.

But remember you when you make your certification statement for the micro entity you cannot have already licensed the patent or even agreed to license the patent at that time.

« Last Edit: May 10, 2018, 04:17:40 PM by Brad »

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