Do small entities receive a discount on maintenance fees?

Small entities do receive discounts on maintenance fees, but this applies to specific fees rather than all fees. In the context of USPTO regulations, a small entity is defined as an individual, a small business concern, or a nonprofit organization that meets certain criteria, including the number of employees and economic status.

The discount typically applies to maintenance fees required to keep patents in force. Specifically, small entities receive a 50% discount on the standard maintenance fees associated with patents that are due at the 3.5, 7.5, and 11.5-year intervals after the patent is granted. This provision is designed to ease the financial burden on smaller patent holders, encouraging innovation and protecting their intellectual property.

Due to the structured nature of the discounts, they are not applicable to all fees, such as filing fees or issue fees, which are charged at the full rate regardless of entity size. Thus, while small entities benefit from this program, it is limited to specific maintenance fees rather than encompassing all fees associated with patent registration and maintenance.