What steps should be taken to determine small entity status for a business?

To determine small entity status for a business, several steps should be taken:

• Review whether the business meets the definition of a small business concern under section 3 of the Small Business Act.
• Check if the business meets the size standards in 13 CFR 121.801 through 121.805 for eligibility for reduced patent fees.
• Investigate if the business has assigned, granted, conveyed, or licensed any rights in the invention to others.
• If rights have been transferred, conduct the same review for each other entity involved.

The MPEP 509.03(a) emphasizes: “If small entity status is desired on the basis that the entity is a small business concern, the investigation should include a review of whether the business is a small business concern as defined by section 3 of the Small Business Act.”

To learn more:

• small entity status
• small business
• patent fees
• business size standards