Is the small entity discount available for the patent application publication fee?
No, the small entity discount is not available for the patent application publication fee. The MPEP explicitly states: “The small entity discount is not available for the publication fee.” (MPEP 1126)
This means that all applicants, regardless of their entity size, must pay the full publication fee as set forth in 37 CFR 1.18(d). It’s important for small entities to budget accordingly, as they cannot apply the discount typically available for other patent-related fees.
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