Small Entity vs. Micro Entity

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The United States Patent and Trademark Office (USPTO) requires patent holders to pay filing, application, and maintenance fees. In order to encourage smaller firms to apply and hold patents, the USPTO has distinguished between small entities and micro entities and provided discounts on required fees to both. Definitions are provided by the USPTO. Small or micro-entity status must be verified and asserted prior to paying reduced fees.

Small Entity Status

Under Title 37, Code of Federal Regulations: Patents, Trademarks, and Copyrights, a small entity can be considered a person, a small business concern, or a nonprofit organization. Certain standards must be met to be considered any of the three. For exact definitions see the full text of Title 37 CFR 1.27.

Person

A person refers to the inventor of a patent or anyone with rights to the patent that has no obligation to nor has previously shared rights to the patent. A person who has shared or is under obligation to share rights to the patent may still qualify for small-entity status if those who will or have received rights also qualify as small entities.

Small Business Concern

Nonprofit Organization

Micro Entity Status

Benefits

References