Are You a Micro Entity? How to Save on Patent Filing Fees in 2025

When you're preparing to file a patent, every dollar matters—especially if you're an independent inventor, solo founder, or early-stage startup. The good news? You may not have to pay the full price.

In 2025, the United States Patent and Trademark Office (USPTO) offers steep discounts—up to 75% off patent filing fees—through its Micro Entity status. But many inventors don’t realize they qualify, or miss key steps that could save them thousands.

So how do you know if you're a micro entity? And how can you make sure you take advantage of these savings?

This post breaks it all down.

What Is a Micro Entity?

A Micro Entity is a special status created by the USPTO to reduce costs for individual inventors, small-scale businesses, and academic filers. It's the smallest tier of the USPTO’s three pricing categories:

• Large Entity – standard corporate fee rate

• Small Entity – 50% discount

• Micro Entity – 75% discount

Micro entity status applies to most types of patent fees, including:

• Filing, search, and examination fees

• Request for continued examination (RCE)

• Issue and maintenance fees

• Appeal and post-allowance filings

You can view the full breakdown in the official USPTO Fee Schedule.

Micro Entity Requirements in 2025

There are two pathways to qualify: based on gross income or institutional affiliation.

1. Income-Based Qualification (Most Common)

To qualify under this route in 2025, you must meet all of the following:

• You qualify as a small entity (generally under 500 employees, including affiliates)

• You have not been named as an inventor on more than four previously filed U.S. patent applications

• Your gross income in the previous calendar year is less than three times the median U.S. household income

  • In 2025, that means your income must be below $234,420 (based on the most recent U.S. Census data)

Additionally, you cannot have assigned—or be under obligation to assign—the invention to an entity that does not meet those criteria.

Source: MPEP § 509.03 – Micro Entity Status Based on Gross Income

2. Institution-Based Qualification (Academic or Government Filers)

You may also qualify if you're employed by (or under contract with) a U.S. institution of higher education. This is less common for independent inventors but frequently used by university researchers.

Source: MPEP § 509.04 – Micro Entity Status Based on Institution

How Much Can You Save?

Let’s look at the numbers.

Here’s what a typical nonprovisional utility patent filing might cost in USPTO fees alone:

Fee Type	Large Entity	Micro Entity
Filing, Search, Exam	$1,820	$455
Track One Exam (optional)	$4,515	$903
Issue Fee	$1,200	$300
Total	$7,535	$1,658

That’s a savings of over $5,800, just for filing the same application with micro entity status.

Even if you don’t opt for Track One (expedited review), you’ll still save hundreds on standard filing and maintenance fees.

For more on speeding up the process, check out our previous post: How Long Does It Take to Get a Patent in 2025?

How to Claim Micro Entity Status

It’s not automatic—you need to file the proper paperwork.

When submitting your application, you must include:

• Form PTO/SB/15A – Certification of Micro Entity Status (Gross Income Basis); OR

• Form PTO/SB/15B – Certification of Micro Entity Status (Institutional Basis)

If you forget to include this form, the USPTO will assume you’re a large entity—and you’ll be charged full fees.

You can also view and download the fee forms directly on the USPTO Micro Entity page.

Can You Lose Micro Entity Status?

Yes. If your income changes, or if you assign the invention to someone who doesn’t qualify, you are required to update your status with the USPTO.

Failing to do so can result in fee underpayments, which can invalidate your patent rights or delay your application.

We recommend reviewing your status before each fee payment (especially maintenance fees).

Why This Matters for Inventors and Startups

Patent costs can add up quickly—especially if you're developing multiple products or filing multiple applications.

By properly claiming micro entity status, you can better develop your invention or business.

It’s one of the easiest ways to save without cutting corners.

Want Help Filing as a Micro Entity?

If you’re not sure whether you qualify, or want to make sure your filing is handled the right way, we’re here to help.

At Rotek Law, we help founders and inventors not only file strong patents, but also reduce costs by properly claiming micro entity or small entity status.

📞 Call us at (305) 731-2593

🖥️ Schedule a free consultation

Let’s protect your invention and save you money along the way.