What is an S-signature in USPTO correspondence and how is it formatted?
What is an S-signature in USPTO correspondence and how is it formatted? An S-signature is an electronic signature used in correspondence with the USPTO. According to MPEP 502.02, an S-signature must be formatted as follows: Inserted between forward slash marks: /John Doe/ Include the signer’s name For registered practitioners, include their registration number The signer’s…
Read MoreHow does a security interest affect small entity status?
A security interest in a patent or patent application generally does not affect small entity status unless it is defaulted upon. According to 37 CFR 1.27(a)(5): A security interest does not involve an obligation to transfer rights in the invention for the purposes of paragraphs (a)(1) through (a)(3) of this section unless the security interest…
Read MoreWhat are the size standards for a small business concern in patent applications?
What are the size standards for a small business concern in patent applications? The size standards for a small business concern in patent applications are determined by the Small Business Administration (SBA). According to MPEP 509.02: “For the purpose of paying reduced patent fees, a small business concern is one: (i) Whose number of employees,…
Read MoreWhat 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…
Read MoreWhat is the definition of a ‘small business concern’ for small entity status?
What is the definition of a ‘small business concern’ for small entity status? According to MPEP 509.02, a small business concern is defined as follows: “A small business concern, as used in this chapter, means any business concern that: (i) Has not assigned, granted, conveyed, or licensed (and is under no obligation to do so)…
Read MoreHow does paying a small entity fee affect certification of small entity status?
Paying a small entity fee has significant implications for certifying small entity status. According to MPEP 509.03(a), “Consistent with 37 CFR 1.4(d)(4), the payment of a small entity basic filing or national fee constitutes a certification under 37 CFR 11.18(b).” This means that simply paying the small entity fee, even without a specific written assertion,…
Read MoreCan a small business qualify for micro entity status?
Can a small business qualify for micro entity status? Yes, a small business can potentially qualify for micro entity status, but there are specific requirements to meet. The MPEP outlines two main paths for small businesses: Income-based qualification: If the small business’s income does not exceed three times the median household income in the preceding…
Read MoreHow much are patent fees reduced for small entities?
According to MPEP 509.02, fees for small entities are reduced by 50% for most patent-related fees. The MPEP states: The fees which are reduced by 50% for small entities include patent application filing fees including the basic filing fee, search fee, examination fee, application size fee, and excess claims fees (37 CFR 1.16), extension of…
Read MoreWhat is the small entity requirement for micro entity status based on an institution of higher education?
To qualify for micro entity status based on an institution of higher education, the applicant must first meet the small entity requirement. This means that every party holding rights in the application must qualify as a small entity under 37 CFR 1.27. MPEP 509.04(b) states: “In order to meet the small entity requirement, every party…
Read MoreHow long can I maintain small entity status after it’s established?
Once small entity status is established in an application or patent, you can continue to pay fees as a small entity until the issue fee is due or any maintenance fee is due. This is stated in 37 CFR 1.27(g)(1): ‘Once small entity status is established in an application or patent, fees as a small…
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