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ARTICLE · 15 SEPTEMBER 2023

Small Entity Status In The USA

J A Kemp
J A Kemp
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J A Kemp

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Claiming small entity status on a US application or patent provides a reduction in official fees. Most fees (e.g. basic filing fee, examination fee, search fee, etc.) are reduced by 50%, so the saving is significant.

United StatesIntellectual Property
Colin Merryweather
Colin Merryweather
Hermione Thompson
Hermione Thompson
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Claiming small entity status on a US application or patent provides a reduction in official fees. Most fees (e.g. basic filing fee, examination fee, search fee, etc.) are reduced by 50%, so the saving is significant. There are some risks but these may be mitigated. Where available, small entity status is attractive to many applicants.

Entitlement

Owners of US patents or patent applications are entitled to small entity status if certain criteria are met. In particular, technology transfer organisations and start-up companies often qualify. Key criteria for entitlement are that the owner is an individual, a small business concern in which the number of employees does not exceed 500 (counting its parent company, subsidiary companies and any affiliated company), or a non-profit organisation, for example, a university.

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