Small entity status in United States patent law allows small businesses, independent inventors, nonprofit organizations to file a patent application and maintain an issued patent for a reduced fee—a 50% reduction.
Under 13 CFR 121.802(a), an entity qualifies as a "small business concern," and so qualifies for small entity status, if its number of employees, including affiliates, does not exceed 500 persons.
If an organization or individual qualifies for small entity status, claiming such status is relatively simple. The person seeking such status needs to simply file a verified statement in the patent application prior to paying the first fee as a small entity. Any subsequent payments only need to include a statement where such status has changed.
Even If Statement Associated with Small Entity Fee Payment Is per Se Material, Court Finds No Evidence of Intent to Deceive the PTO
Nov 01, 2012; In Outside the Box Innovations, LLC v. Travel Caddy, Inc., No. 09-1171 (Fed. Cir. Sept. 21, 2012), the Federal Circuit reversed...
Government Amends Patent Act to Remedy the Small Entity Fee Debacle.(Barton No-Till Disk Inc. v. Dutch Industries)
Nov 17, 2005; In our December 30, 2004 bulletin (no. IPB2004-5, located at httpwww.torys.com/publications/pdf/IPB2004-5.pdf), we described the...