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, or individual designation fee
As stated in 37 CFR 1.27(c): “Any party (person, small business concern or nonprofit organization) should make a determination, pursuant to paragraph (f) of this section, of entitlement to be accorded small entity status based on the definitions set forth in paragraph (a) of this section, and must, in order to establish small entity status for the purpose of paying small entity fees, actually make an assertion of entitlement to small entity status, in the manner set forth in paragraphs (c)(1) or (c)(3) of this section, in the application or patent in which such small entity fees are to be paid.”
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