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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 of actual entitlement to small entity status.” This investigation is crucial to ensure that small entity status is claimed only when appropriate.