What is the definition of a small business concern for patent fee purposes?

A small business concern, for the purpose of paying reduced patent fees, is defined as follows:

A small business concern as used in this paragraph means any business concern that:

• Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention to any person, concern, or organization which would not qualify for small entity status as a person, small business concern, or nonprofit organization.
• Meets the size standards set forth in 13 CFR 121.801 through 121.805 to be eligible for reduced patent fees.

The size standards vary by industry and are based on factors such as average annual receipts or number of employees. It’s important to consult the specific SBA guidelines for your industry to determine if your business qualifies as a small entity.

To learn more:

• small business concern
• patent fees
• small entity status
• SBA size standards