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I am interested in filing a provisional patent application via EFS and would like to understand:

  • Is there any paperwork (tax returns, etc.) I need to prepare to file as a micro-entity?
  • Is filing as a micro-entity embedded completely within the EFS workflow?

The motivation behind these questions is that I would like to do whatever prep work that can be done ASAP so that I can file the PPA quickly. Any lessons-learned or landmines to avoid are always appreciated.

If you have actually filed a provisional patent via EFS successfully as a micro-entity, please state this in your response: thank you.

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As a patent agent, I have filed many applications for people who claimed micro entity. It is a box to check on the fee calculation page of the EFS system and a form to sign and upload. There is more that one basis for claiming micro-entity so you need to have the right form SB15a certification for micro entity based on gross income. They take you at your word and do not need any backup information. If it turns out you do not actually qualify, the patent you end up getting will have that error/deception as a weak spot when you come to defend it in court.

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