Who can sign a written assertion of small entity status?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

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.

For applications filed on or after September 16, 2012, the following parties can sign a written assertion of small entity status:

  • The applicant
  • A patent practitioner of record or acting in a representative capacity
  • The inventor or a joint inventor, if the inventor is the applicant
  • The assignee

According to 37 CFR 1.27(c)(2): “The written assertion can be signed by: (i) The applicant (§ 1.42 or § 1.421); (ii) A patent practitioner of record or a practitioner acting in a representative capacity under § 1.34; (iii) The inventor or a joint inventor, if the inventor is the applicant; or (iv) The assignee.”

Topics: MPEP 500 - Receipt and Handling of Mail and Papers Patent Law Patent Procedure