US Codex
C.F.R.
Browse by date

View an earlier version

Latest
Current
Browse all versions by date
Notes

13 C.F.R. §§ 121.801–121.805

5 sections in range

§121.801. May patent fees be reduced if a concern is small?

13 C.F.R. § 121.801

These sections apply to size status for the purpose of paying reduced patent fees authorized by Pub. L. 97-247, 96 Stat. 317. The eligibility requirements for independent inventors and nonprofit organizations for the purpose of paying reduced patent fees are set forth in regulations of the Patent and Trademark Office of the Department of Commerce, 37 CFR 1.9, 1.27, 1.28.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

§121.802. What size standards are applicable to reduced patent fees programs?

13 C.F.R. § 121.802

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, amendments, and revision history

Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

§121.803. Are formal size determinations binding on parties?

13 C.F.R. § 121.803

Size determinations by authorized SBA officials are formal actions, based upon a specific patent application pursuant to the rules of the Patent and Trademark Office, Department of Commerce, and are binding upon the parties. Other SBA opinions provided to patent applicants or others are only advisory, and are not binding or appealable.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

§121.804. When does SBA determine the size status of a business concern?

13 C.F.R. § 121.804

Size status is determined as of the date of the patent applicant's written verification of size.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.

§121.805. May a business concern self-certify its size status?

13 C.F.R. § 121.805

(a)
A concern verifies its size status with its submission of its patent application.
(b)
Any attempt to establish small size status improperly (fraudulently, through gross negligence, or otherwise) may result in remedial action by the Patent and Trademark Office.
(c)
In the absence of credible information indicating otherwise, the Patent and Trademark Office may accept the verification by the concern as a small business as true.
(d)
Questions concerning the size verification are resolved initially by the Patent and Trademark Office. If not verified as small, the applicant may request a formal SBA size determination.
Notes, amendments, and revision history

Authority

Authority: 15 U.S.C. 632, 634(b)(6), 636(a)(36), 662, and 694a(9).

Source

Source: 61 FR 3286, Jan. 31, 1996, unless otherwise noted.