What is the duty to investigate entitlement to claim small entity status?

The duty to investigate entitlement to claim small entity status refers to the obligation of patent applicants to thoroughly investigate all facts and circumstances before determining their actual entitlement to small entity status. According to MPEP 509.03(a), “applicants need to do a complete and thorough investigation of all facts and circumstances before making a determination…

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How does government funding affect small entity status?

How does government funding affect small entity status? Government funding can impact small entity status, particularly for universities and small businesses. The MPEP 509.03 provides guidance: A small business concern or nonprofit organization is not disqualified as a small entity because of a license to the Federal government pursuant to 35 U.S.C. 202(c)(4). This means:…

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What is small entity status and how do I claim it?

Small entity status allows certain applicants to pay reduced patent fees. To claim small entity status, you must make an assertion of entitlement in one of two ways: Submit a written assertion signed by the applicant, a patent practitioner, an inventor, or an assignee Pay the exact small entity basic filing fee, basic national fee,…

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Can an Application Data Sheet (ADS) be used to claim small entity status in pre-AIA applications?

For applications filed before September 16, 2012 (pre-AIA applications), the Application Data Sheet (ADS) cannot be used to claim small entity status. According to MPEP 601.05(b): The ADS cannot be used to make a small entity assertion, which must be done in a separate paper. To claim small entity status in pre-AIA applications, applicants must…

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How does licensing affect small entity status?

How does licensing affect small entity status? Licensing can significantly impact small entity status. According to MPEP 509.03: An applicant or patentee is not considered a small entity if any rights in the invention have been assigned, granted, conveyed, or licensed to an entity that would not qualify for small entity status. This means: If…

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