How does licensing affect small entity status for a business concern?
How does licensing affect small entity status for a business concern? Licensing can significantly impact a business concern’s eligibility for small entity status. According to MPEP 509.02: “Rights to an invention are considered as assigned, granted, conveyed, or licensed when they are held by an entity other than the inventor, and they are not qualified…
Read MoreWhat happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application?
What happens if I miss the 12-month deadline for filing a nonprovisional application after a provisional application? If you miss the 12-month deadline for filing a nonprovisional application claiming the benefit of a provisional application, you lose the right to claim that benefit. The MPEP states: A provisional application is not entitled to the right…
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 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…
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