Certain fees for obtaining and maintaining a patent are reduced by 50% for small businesses and universities to encourage them to use the patent system.
On this page:
- Pay reduced fees if you are a small business or a university
- Definition of small entity
- How to apply
Pay reduced fees if you are a small business or a university
Certain fees for obtaining and maintaining a patent are reduced by 50% for small businesses and universities to encourage them to use the patent system. You may be entitled to pay fees at the small entity level.
Definition of small entity
The Patent Rules defines a small entity as one that employs fewer than 100 employees or that is a university. This does not include:
- an entity that is controlled directly or indirectly by an entity, other than a university, that has 100 employees or more;
- an entity that has transferred or licensed, or has an obligation other than a contingent obligation, to transfer or license, any right in a claimed invention to an entity, other than a university, that has 100 employees or more.
Note that the determination of small entity applies to the applicant at the filing date of the application.
How to apply
If you wish to take advantage of the reduced fees for small entities, you must:
- determine if the applicant who filed the application at filing was eligible under the definition of small entity
- submit a small entity declaration before or at the time of your fee payment, if one is not already on file (this only needs to be submitted once and will apply for all future fee payments)