Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Hello, you there
Hello, I am
There are no disadvantages to claiming small-entity or micro entity
you just get a price break
so why one would use non-small-entity application?
one has to quality for small entity
the purpose is to give small entity a price break
Under 35 U.S.C. 41(h)(1), fees charged under 35 U.S.C. 41(a) * > , < (b) > and (d)(1) < shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.
I'm pretty sure I do qualify. I did not apply though because somebody told me that if I have the process of evaluating the patent for small-entity is more aggressive, or not allowed to do amedments
That is not true.
how about getting a patent granted as micro-entity. Do I loose any rights?
...rights for using the patent .
the price breaks are just there to help those the government believes to have less funding
micro entity is for the individual inventor
small entity is for a small business
regular price is for big corporations
rights are the same for all
so I can still switch to at this point even though I paid in full so far?
I assume I will not get back any credit from I paid so far, to be used against the next fees.
I am not 100% sure about back fees
one can get refunds on fees as long as it has not been 2 years
since you paid the fees
it is worth a try
I have never had to request a refund
but I can review the requirements if you wish
give me a minute or two, let me check
check out the information at the link above
Let me keep reading and I will give you more info
arguably, you paid the non-discounted price by mistake
you did not have a "change of purpose" you just did not know
so I submit you will be able to get a refund as long as the time since paying the fees is not more than 2 eyars
could this request cancel my application? I want to keep the process going.
no, no chance in that happening
the only way your application is lost is if it goes abandonded
and there is almost always a process to revive an abandoned application
just cost lots of money
one can cure just about any problem with the USPTO patent process if one has plenty of money
to pay their fees
so first I will try to switch to small or micro entity, and after that I'll try to negotiate getting back some credit from what I paid so far, to be used for future fees.
I would switch to micro entity
link to the form
states the requirements on the form
I will review the conditions and I will apply. Thank you this answers my question.
you are welcome
you can always call the USPTO and they are very helpful
if you have any question about the process as you go through come back and I will be glad to help
when you get rejections I can give you some sample responses
I'm pretty sure I will be more questions.
come back anytime
I have made about every mistake one can make
so I know the solutions
your help is greatly appreciated.
have a good day.
you too, look forward to your next question
I will end chat now unless you have something else
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