Who can sign a written assertion of small entity status?

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.”

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