Do not put this person's name on the patent as an inventor! And please do not treat their advice as gospel.
First, they are breaking the rules by providing advice to you about your filing. It is practicing law without a license. Next, the examiner is correct that all inventors need to qualify as micro entity applicants.
From the form
GROSS INCOME LIMIT ...
You probably shouldn't do this. Even if you filed it in another person's name, you would still be the inventor (who must also satisfy the application filing limit).
37 CFR 1.29(a) requires (emphasis added):
(a) To establish micro entity status under this paragraph, the applicant must certify that: ...
(2) Neither the applicant nor the inventor nor a joint ...
Yes, you can easily do this yourself.
The reason I would consider using an attorney in situations like this relate to the question of what happens if something goes wrong? The attorney is less likely to get things wrong and has insurance to make you whole if they do get it wrong. While costly, your situation may warrant using a patent attorney.
In both cases, you are suggesting lying about the inventorship. The details of each of your schemes is largely irrelevant in this regard.
First, you are the inventor: there is nothing you can do subsequently that would change that.
Inventorship and micro-entity statu
37 CFR 1.29 provides the requirements for micro entity status. In particular, 37 CFR 1.29(...
Let me preface this by saying I am not a lawyer. Looking at this link to the requirements for small and micro-entity status shows two ways to qualify for micro-entity status.
Micro entity: There are two ways to qualify as a micro-entity.
first way is under paragraph (a) of the new rule, requiring the
following conditions that must be ...
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 ...
Are you processing your application through a patent agent or you are processing your own application??
For our company patent applications, the patent agent registration number is being filled in the form. I assume that column applies only when a patent agent is processing the application.
The below is the description quoted from USPTO
The certification ...
As @EricShain has advised, an algorithm would be a utility patent.
However, if you are attempting to draft a non-provisional application for an algorithm without expert knowledge of Alice, Enfish, Bascom, and several key cases leading up to Alice, you're asking for trouble and putting the viability of the patent in great peril.
Even with extensive ...
The USPTO has recently refocused efforts on helping independent inventors through the patenting process. I would suggest that you contact the PTO's Inventor's Assistance Center (IAC).
Toll-Free: 800-786-9199 or Web:
You are basically asking if somebody that invested a lot in their education would be willing to explain to you in detail how to not pay them for their job.
Do you see the problem?
Sites like this can help you with specific questions, but if you need a lot of information, either start learning or pay a patent attorney ;-).
No but you do have to swear under penalty of perjury that you qualify as a micro-entity. You use a USPTO form to declare this status. I am not certain but that could possibly jeopardize the validity of any patent that issues on the application later if you are untruthful.