Do 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 37 CFR 1.27(c)(4): “Status as a small entity must be specifically established by an assertion in each related, continuing and reissue application in which status is appropriate and desired. Status as a small entity in one application or patent does not affect the status of any other application or patent, regardless of the relationship of the applications or patents. The refiling of an application under § 1.53 as a continuation, divisional, or continuation-in-part application (including a continued prosecution application under § 1.53(d)), or the filing of a reissue application, requires a new assertion as to continued entitlement to small entity status for the continuing or reissue application.”
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