How do I claim small entity status for a patent application?

How do I claim small entity status for a patent application?

To claim small entity status for a patent application, follow these steps:

  • Determine eligibility: Ensure you meet the criteria for small entity status as defined in 37 CFR 1.27(a).
  • Submit a written assertion: Provide a written assertion of entitlement to small entity status. This can be done by:
    • Checking the appropriate box on a patent application transmittal form
    • Submitting a separate paper specifically asserting small entity status
    • Paying small entity fees (which is considered a written assertion)
  • Timing: You can claim small entity status at any time during the pendency of the application or after the patent issues.

As stated in MPEP 509.03, “A small entity status assertion must be filed in each application or patent in which the small entity is desired to claim such status.”

To learn more:

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: USPTO fees