Understanding Small Entity Patents: Legal Definitions and Implications

Definition & Meaning

A small entity, as defined by U.S. patent law, refers to a person, small business concern, or nonprofit organization that meets specific criteria outlined in federal regulations. These entities often qualify for reduced fees and other benefits when applying for patents, making the patent process more accessible for smaller organizations and individuals.

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Real-world examples

Here are a couple of examples of abatement:

Example 1: A startup company with 10 employees applies for a patent on its innovative product. Because it qualifies as a small entity, it pays reduced filing fees.

Example 2: A nonprofit organization focused on environmental conservation files a patent for a new technology that helps reduce waste. Being a nonprofit, it also qualifies for small entity status and benefits from lower fees.

Comparison with related terms

Term Definition Key Differences
Large Entity A business or organization with more than 500 employees. Large entities do not qualify for reduced patent fees.
Individual Inventor A single person who creates an invention. Individuals can qualify as small entities but have different filing requirements.

What to do if this term applies to you

If you believe you qualify as a small entity, start by reviewing the criteria outlined in 37 CFR 1.27. Gather necessary documentation to prove your status, such as employee counts or nonprofit status. You can explore US Legal Forms for ready-to-use templates that can assist you in filing your patent application. If your situation is complex, consider consulting with a legal professional for tailored advice.

Quick facts

  • Typical fee reductions: 50% off standard patent fees.
  • Jurisdiction: Federal (U.S. Patent and Trademark Office).
  • Eligibility: Must meet specific criteria regarding size and type of organization.

Key takeaways

Frequently asked questions

A small entity is defined as a person, small business concern with fewer than 500 employees, or a nonprofit organization.

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