Small Entity Status - Loss of Status

Loss of Status

Small entity status is lost when the patent is licensed, exclusively or non-exclusively, or assigned to an organization that would not itself qualify for small entity status. Special care should be taken by an organization licensing technology to the government. Except for licenses under the Bayh-Dole Act, the government is not a small entity for these purposes and small entity status would be lost.

An organization that improperly claims small entity status may lose patent rights for inequitable conduct.

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