What is the definition of a ‘small business concern’ for small entity status?
What is the definition of a ‘small business concern’ for small entity status?
According to MPEP 509.02, a small business concern is defined as follows:
“A small business concern, as used in this chapter, means any business concern that:
- (i) Has not assigned, granted, conveyed, or licensed (and is under no obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this section, and
- (ii) Does not have as a party to the patent application any individual who has assigned, granted, conveyed, or licensed (or is under an obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this section.”
This definition ensures that the small business concern maintains control over the invention rights and has not transferred them to entities that do not qualify for small entity status.
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Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
Patent Law,
Patent Procedure