13 CFR 121.802 - What size standards are applicable to reduced patent fees programs?

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44 practice notes
  • Changes To Implement Derivation Proceedings
    • United States
    • Federal Register September 11, 2012
    • September 11, 2012
    ...SBA's previously established size standard that identifies the criteria entities must meet to be entitled to pay reduced patent fees. See 13 CFR 121.802. If patent applicants identify themselves on a patent application as qualifying for reduced patent fees, the Office captures this data in ......
  • Membership of State banking institutions (Regulation H): Simplification, update, and regulatory burden reduction,
    • United States
    • Federal Register July 13, 1998
    • July 13, 1998
    ...persons as defined in 42 U.S.C. 5302(a)(20)(A). (3) Small business means a business that meets the size-eligibility standards of 13 CFR 121.802(a)(2). (b) Investments not requiring prior Board approval. Notwithstanding the provisions of section 5136 of the Revised Statutes (12 U.S.C. 24, pa......
  • Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions
    • United States
    • Federal Register February 09, 2012
    • February 9, 2012
    ...SBA's previously established size standard that identifies the criteria entities must meet to be entitled to pay reduced patent fees. See 13 CFR 121.802. If patent applicants identify themselves on a patent application as qualifying for reduced patent fees, the Office captures this data in ......
  • Changes to Implement Inter Partes Review Proceedings
    • United States
    • Federal Register February 10, 2012
    • February 10, 2012
    ...SBA's previously established size standard that identifies the criteria entities must meet to be entitled to pay reduced patent fees. See 13 CFR 121.802. If patent applicants identify themselves on a patent application as qualifying for reduced patent fees, the Office captures this data in ......
  • Request a trial to view additional results
4 cases
  • Christy, Inc. v. United States, No. 18-657C
    • United States
    • Court of Federal Claims
    • January 29, 2019
    ...is a "small business concern"—i.e., one with no more 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 partic......
  • Bushnell, Inc. v. Brunton Co., Civil Action No. 09-cv-2009 KHV/JPO.
    • United States
    • United States District Courts. 10th Circuit. United States District Courts. 10th Circuit. District of Kansas
    • November 25, 2009
    ...holder is a single person, a small business with fewer than 500 employees or a non-profit organization. See 37 C.F.R. § 1.27(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 Page 1260 Defendants argu......
  • Ladatech, LLC v. Illumina, Inc., Civil No. 09–627–SLR.
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • January 24, 2012
    ...Genentech lost its ability to claim small entity status in 2002 when it licensed the '023 patent to a large entity (Affymetrix), see13 C.F.R. § 121.802, and the 2004 payment was erroneous. (D.I. 120 at 32) As defendants acknowledge, the Federal Circuit has considered the issue and held that......
  • Ladatech, LLC v. Illumina, Inc., Civ. No. 09-627-SLR
    • United States
    • United States District Courts. 3th Circuit. United States District Court (Delaware)
    • January 24, 2012
    ...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. (D.I. 120 at 32) As defendants acknowledge, the Federal Circuit has considered the issue and held tha......
1 firm's commentaries
  • Everything You Need to Know About Patent Maintenance Fees
    • United States
    • JD Supra United States
    • August 14, 2020
    ...or to any entity which would not qualify as a non-profit organization or a small business itself under 37 C.F.R. § 121.802. See 13 C.F.R. § 121.802. It is important for patent owners to be mindful of the qualifications for claiming small entity status. Improperly paying small entity fees wh......
4 books & journal articles
  • An Unacceptable Threat to Startups and Innovators from Our Patent System
    • United States
    • Landslide Nbr. 10-6, July 2018
    • July 1, 2018
    ...the patent process. Endnotes 1. Pub. L. No. 112-29, 125 Stat. 284 (2011). 2. U.S. Const. art. I, § 8, cl. 8. 3. 35 U.S.C. § 41(h)(1); 13 C.F.R. § 121.802(a); U.S. Patent & Trademark Office, Manual of Patent Examining Procedure (MPEP) § 509.02 (9th ed. Rev. 8.2017, Jan. 2018). 4. 37 C.F.R. §......
  • An Interview with Rob Law
    • United States
    • Landslide Nbr. 10-6, July 2018
    • July 1, 2018
    ...the patent process. Endnotes 1. Pub. L. No. 112-29, 125 Stat. 284 (2011). 2. U.S. Const. art. I, § 8, cl. 8. 3. 35 U.S.C. § 41(h)(1); 13 C.F.R. § 121.802(a); U.S. Patent & Trademark Office, Manual of Patent Examining Procedure (MPEP) § 509.02 (9th ed. Rev. 8.2017, Jan. 2018). 4. 37 C.F.R. §......
  • Starting Up Right: Common Pitfalls Startups Can Avoid in Copyright Law
    • United States
    • Landslide Nbr. 10-6, July 2018
    • July 1, 2018
    ...the patent process. Endnotes 1. Pub. L. No. 112-29, 125 Stat. 284 (2011). 2. U.S. Const. art. I, § 8, cl. 8. 3. 35 U.S.C. § 41(h)(1); 13 C.F.R. § 121.802(a); U.S. Patent & Trademark Office, Manual of Patent Examining Procedure (MPEP) § 509.02 (9th ed. Rev. 8.2017, Jan. 2018). 4. 37 C.F.R. §......
  • Adventures in the Microverse: A Solo Practitioner's Learning Experiences in a Post-AIA World
    • United States
    • Landslide Nbr. 10-6, July 2018
    • July 1, 2018
    ...the patent process. Endnotes 1. Pub. L. No. 112-29, 125 Stat. 284 (2011). 2. U.S. Const. art. I, § 8, cl. 8. 3. 35 U.S.C. § 41(h)(1); 13 C.F.R. § 121.802(a); U.S. Patent & Trademark Office, Manual of Patent Examining Procedure (MPEP) § 509.02 (9th ed. Rev. 8.2017, Jan. 2018). 4. 37 C.F.R. §......

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