August, 2012

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What To Do When An Applicant’s Entity Status Changes During Prosecution

Patentably Defined

INTRODUCTION. Applicants who qualify as small entities as defined by 37 CFR 1.27(a) enjoy a 50% reduction in most government fees. And, in most cases, a small entity applicant remains a small entity throughout the prosecution of an application. This is not always the case, however. Through growth, acquisition, or sale, it is not uncommon for a small entity applicant to no longer meet the requirements for small entity status.