Can a nonprofit organization qualify for small entity status?

Yes, nonprofit organizations can qualify for small entity status under certain conditions. According to 37 CFR 1.27(a)(3), a nonprofit organization that qualifies for small entity status is one that:

• Has not assigned, granted, conveyed, or licensed any rights in the invention to a non-small entity
• Is either:
  • A university or other institution of higher education
  • An organization described in section 501(c)(3) of the Internal Revenue Code and exempt from taxation under 501(a)
  • A nonprofit scientific or educational organization qualified under a nonprofit organization statute of a state
  • A foreign organization that would qualify under the above if it were located in the U.S.

It’s important to note that government organizations, whether domestic or foreign, cannot qualify as nonprofit organizations for small entity status purposes.

To learn more:

• nonprofit organization
• small entity status
• patent fees
• USPTO