13 C.F.R. § 121.802
What size standards are applicable to reduced patent fees programs?
A concern eligible for reduced patent fees is one:
(a) Whose number of employees, including affiliates, does not exceed 500 persons; and
(b) Which has not assigned, granted, conveyed, or licensed (and is under no obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this section.
Notes of Decisions
Cited in 3
cases, 2009–2019 · leading case: Bushnell, Inc. v. Brunton Co.
Bushnell, Inc. v. Brunton Co. (2009)
“27 (a); 13 C.F.R. § 121.802 . Small entity patent holders can lose their status if they license or convey rights to an entity that is not a small entity.”
Ladatech, LLC v. Illumina, Inc. (2012)
“) Defendants argue that Genentech lost its ability to claim small entity status in 2002 when it licensed the '023 patent to a large entity (Affymetrix), see 13 C.F.R. § 121.802 , and the 2004 payment was erroneous.”
Christy, Inc. v. United States (2019)
“…than 500 employees—that has not transferred its rights in the subject invention. 13 C.F.R. § 121.802 (2003); 37 C.F.R. § 1.27 (a)(2) (2003). An entity “will be accorded small entity status by the [Patent and Trademark Office] in the particular applica”
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