Small Business Concern [Patents] Law and Legal Definition

According to 37 CFR 1.27 (a) (2) [Title 37 -- Patents, Trademarks, and Copyrights; Chapter I -- United States Patent And Trademark Office, Department Of Commerce; Subchapter A – General; Part 1 -- Rules of Practice in Patent Cases; Subpart A -- General Provisions; Patents; Fees and Payment of Money], the term small business concern means “any business concern that:

(i) Has not assigned, granted, conveyed, or licensed, and is under no obligation under contract or law to assign, grant, convey, or license, any rights in the invention to any person, concern, or organization which would not qualify for small entity status as a person, small business concern, or nonprofit organization; and

(ii) Meets the size standards set forth in 13 CFR 121.801 through 121.805 to be eligible for reduced patent fees. Questions related to standards for a small business concern may be directed to: Small Business Administration, Size Standards Staff, 409 Third Street, SW., Washington, DC 20416.”