What is a requirement for an independent inventor to qualify as a Small Entity?

To qualify as a Small Entity, an independent inventor must not have assigned any rights to others. This criterion is crucial because Small Entity status is designed to support individual inventors and small businesses who may not have the same resources as larger entities. By retaining full control over their inventions, independent inventors can take advantage of reduced fees and simplified processes associated with Small Entity status.

When an independent inventor assigns rights to another party, such as a corporation or a partner, they typically lose their eligibility for this classification. This way, the requirement emphasizes the protection and encouragement of individual inventors and small businesses to continue innovating without the financial burdens that larger organizations may impose.

While collaborations and ownership transfers may be common in the patent space, maintaining one’s individual rights is a key determinant in qualifying for Small Entity benefits. The focus remains on the independence and sole ownership of the invention to uphold the intent of supporting smaller innovators.