How 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…
Read MoreWhat qualifies as a small entity for patent fee reduction?
A small entity for purposes of paying reduced patent fees is defined in 37 CFR 1.27(a) as: A person A small business concern A nonprofit organization Each of these categories has specific criteria that must be met to qualify for small entity status. For example, a person must not have assigned, granted, conveyed, or licensed…
Read MoreCan I get a refund if I establish small entity status after paying full fees?
Yes, you can request a refund if you establish small entity status after paying full fees, but there are strict time limits: You must file an assertion of small entity status and a refund request within 3 months of the date of the full fee payment This 3-month period cannot be extended According to 37…
Read MoreDo I need to assert small entity status for each related application?
Yes, you must assert small entity status separately for each related application. Specifically: Status must be established in each related, continuing, and reissue application Small entity status in one application does not affect the status of any other application or patent A new assertion is required for continuations, divisionals, continuations-in-part, and reissue applications According to…
Read MoreWhat is the difference between small entity and micro entity status?
What is the difference between small entity and micro entity status? While both small entity and micro entity statuses offer reduced patent fees, they have distinct eligibility criteria: Small Entity Status: Available to individuals, small businesses (fewer than 500 employees), and non-profit organizations Offers a 50% reduction in most patent fees Micro Entity Status: More…
Read MoreCan I submit additional information after my patent application has been abandoned?
According to MPEP 508.02, submitting additional information after a patent application has been abandoned is generally not possible. The section states: “After an application is patented or abandoned, any incoming communication which is not to become part of the record will be returned to the sender.” This means that once an application is abandoned, the…
Read MoreCan a subsidiary of a large entity qualify for small entity status?
The qualification of a subsidiary for small entity status depends on several factors. According to the MPEP: A business concern or organization is affiliates of another concern or organization if, directly or indirectly, either one controls or has the power to control the other, or a third party or parties controls or has the power…
Read MoreHow does transferring rights affect small entity status?
Transferring rights in an invention can affect small entity status. According to MPEP 509.02: If the individual inventor, small business concern, or nonprofit organization assigned, granted, conveyed, or licensed, or came under an obligation to assign, grant, convey, or license, any rights to the invention to any individual, small business concern, or nonprofit organization which…
Read MoreWhat types of communications might be received after a patent is granted?
While MPEP 508.02 doesn’t specify the types of communications that might be received after a patent is granted, it does indicate that some communications may still be relevant to the record. The section states: “After an application is patented or abandoned, any incoming communication which is not to become part of the record will be…
Read MoreWhat is the difference between micro entity certification on gross income basis and institution of higher education basis?
MPEP 509.04(c) mentions two types of micro entity certifications: Micro entity certification on the gross income basis Micro entity certification on the institution of higher education basis While the specific requirements for each basis are not detailed in this section, it’s important to note that the signing requirements are the same for both types. The…
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