Can a reissue application claim small entity status?

Can a reissue application claim small entity status?

Yes, a reissue application can claim small entity status if the applicant qualifies. According to MPEP 1442: “Small entity status may be claimed for a reissue application even though it was not claimed for the patent.” This means that even if the original patent did not claim small entity status, the reissue application can still do so if the applicant meets the small entity criteria. Claiming small entity status can result in reduced fees for the reissue application process.

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Tags: patent fees, reissue application, Small Entity Status