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When is a Small Business not a Small Entity?
Generally, patent attorneys and patent agents are aware that under its regulations, the Patent and Trademark Office (USPTO) allows certain parties, such as small businesses (referred to generally as “small entities”), to pay reduced fees. This can be a big benefit to small businesses and individual inventors, many of whom have only limited funds with which to prosecute a patent. Most attorneys and agents evaluate a client for small entity status based on the “500 employee rule” ' if the client has fewer than 500 employees, they are a small entity. This rule serves well for a quick “ball park” determination and the elimination of large clients from eligibility, however determining whether a party truly qualifies as a small entity is more complicated. For example, in certain circumstances, a company that qualifies as a small business under the Small Business Administration's (SBA) guidelines might not necessarily qualify as a small entity for the purpose of paying reduced USPTO fees. Improperly claiming small entity status can open the patent to attack during litigation, and the cost of defending against such a claim can easily exceed the savings on government fees.
35 U.S.C. '41(h) and 37 C.F.R. '1.27(b) allow small entities to pay reduced fees. 37 C.F.R. '1.27(a) sets forth some basic rules for evaluating when a party qualifies as a small entity. The evaluation is based on three different classifications: persons, nonprofit organizations, and small business concerns.
1. Solo inventors. 37 C.F.R. '1.27(a)(1) states that solo inventors, in their capacity as individuals, can qualify as small entities. To qualify, an individual must simply not have assigned, granted, conveyed, or licensed rights in the invention, or be under an obligation to assign, grant, convey, or license such rights, to a large entity. (Persons who license their rights to the U.S. government resulting from a rights determination under Executive Order 10096 can still qualify as a small entity, however.) If, for example, an individual inventor has developed a new airplane engine and already convinced a 500-plus employee firm to license the invention prior to applying for a patent, the individual inventor will be treated as a large entity and must pay the associated large entity fees.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
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As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
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Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.