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Small entities, including businesses with fewer than 500 employees, independent inventors, and non-profit organizations, are eligible for reduced patent application fees and maintenance fees. Small entities must declare their status and notify the USPTO of any changes. Licensing a patent to a non-small entity will result in loss of small entity status. The discount for small entities is 50%, but some fees are not discounted. It is important to be precise when filing patent applications and seek assistance if unsure.
For purposes of the United States Patent and Commerce Office (USPTO), a small entity is an individual or organization that is eligible for reduced patent application fees. There are several categories of individuals and organizations that are considered small entities. In addition to receiving discounts on fees associated with the deposit, small entities are also eligible for a discount on maintenance fees. This makes it easier for a person or organization that cannot afford the full amount of patent fees to file and maintain a patent, ensuring that everyone has the ability to secure intellectual property rights.
If a business has fewer than 500 employees, it is considered a small entity. Similarly, independent inventors who file patents for their work are small entities, as are non-profit organizations. When files of small entities, they must provide a statement declaring their state. Many patent forms have checkboxes for people to use, and a detailed formal statement is not necessarily required. If the size or nature of an organization changes, documents must be submitted to indicate this, whether it is a small entity or losing this status.
If a small entity licenses the patent to an organization that is not considered a small entity, it will lose its small entity status. Likewise, if the USPTO reviews an organization and determines it does not qualify, it will also be declassified. Further, the USPTO will treat the case as a fraud and revoke the patent and associated rights; incorrect compilation, in other words, can lead to the loss of patent protection.
The discount offered to small entities is 50%, although there are some fees that will not be discounted. A comprehensive fee schedule is available from the Patent and Commerce Office for individuals who wish to review the fees associated with patent applications. Patent attorneys can also help people determine the cost of filing and maintaining a patent. Patent applicants should also take note of the maintenance schedule so that they can take action at the right time to keep their patents.
When filing patent applications, it is important to be precise. Businesses that are unsure whether they qualify as small entities can seek assistance from a patent attorney or patent examiner. The USPTO would rather help people avoid mistakes than be forced to revoke a patent, and can provide guidance and assistance in the application process. Status changes must be carefully documented with the USPTO to ensure that a business’s status is accurately reported.
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