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The USPTO has defined four categories of concerns that qualify as “small entity”: a university, a nonprofit organization, an individual inventor, or a small business concern. The definitions for a “university,” “nonprofit organization,” and “individual inventor” are defined in the patent regulations.
18 sty 2013 · overview of each definition is presented below. Small Entity The Office’s definition of a small entity for the purpose of paying small entity patent fees is established in 37 CFR 1.27, which is entitled “Definition of small entities and establishing status
In the first instance, small-entity status is determined according to the identity of the patent owner. To obtain small-entity status, the patent owner must fall within one of three classes: (1) person(s), (2) small-business concerns with fewer than 500 employees, or (3) nonprofit organizations.6.
Applicants who qualify for small entity status may also qualify as “micro entities,” a relatively new designation for U.S. patent applicants as of December 2012, which will afford up to a 75% reduction of fees in many cases.
Small Entity Status Under 37 C.F.R. §1.27(b) and 35 U.S.C. §41(h), many fees charged by the USPTO are reduced by 50 percent of the undiscounted fees for entities that qualify for small entity status. An entity qualifies for small entity status if the entity is a person, small business concern or nonprofit organization, and the
The U.S. Patent & Trademark Office (USPTO) allows certain qualifying entities to receive discounts on various patent fees by identifying themselves as a “small entity” or a “micro entity.” Below, we outline the requirements for claiming small or micro entity status.
Status as a small entity must be specifically established by an assertion in each related, continuing and reissue application in which status is appropriate and desired. Status as a small entity in one application or patent does not affect the status of any other application or patent, regardless of the relationship of the applications or patents.
