Comments on: Q) Small Entity Status (MPEP 500, Multiple Questions)

By: fengyuwuzu

fengyuwuzu — Fri, 07 Oct 2011 19:20:27 +0000

what about the Small Entity Status was established in the beginning but “by mistake” large entity fee was paid?

By: MIA

MIA — Sun, 25 Sep 2011 05:37:19 +0000

I cannot find anywhere where it says that an assignee of record who acts in a REPRESENTATIVE CAPACITY can sign AND file on behalf of the inventer?? Unless the word “resort” under 1.27(c)(2)(iii) can be interpreted as acting in a rep cap way..

§ 1.27
(c)Assertion of small entity status.
(2)Parties who can sign and file the written assertion. The written assertion can be signed by:
(iii)An assignee of an undivided part interest, notwithstanding §§ 1.33(b)(3) and 3.73(b) of this chapter, but the partial assignee cannot file the assertion without resort to a party identified under § 1.33(b) of this part.

By: Danny

Danny — Thu, 15 Sep 2011 17:16:19 +0000

Here is the source for the fact that the partial assignee not of record can sign. In 1.27(2)(i) it says that parties of 1.33(b) can sign. There, it addresses an assignee not of record who acts in a REPRESENTATIVE CAPACITY can sign AND file on behalf of the inventor.

By: Danny

Danny — Thu, 15 Sep 2011 17:07:00 +0000

Where in the MPEP does it state that the partial assignee not of record can sign? i did not see this mentioned in §405.

By: Sunny

Sunny — Wed, 14 Sep 2011 07:39:16 +0000

I think partial assignee can sign, they just can’t file…

MPEP 509.03
III.PARTIES WHO CAN FILE THE WRITTEN ASSERTION ONCE SIGNED
A distinction exists as to who can file a written assertion of entitlement to small entity status once the written assertion is signed. 37 CFR 1.27(c)(2)(ii) and 37 CFR 1.33(b) permit one of several inventors to file as well as to sign a written assertion. The same is not true for a partial assignee. 37 CFR 1.27(c)(2)(iii). While a partial assignee may sign a written assertion, the written assertion must be filed by an appropriate party under 37 CFR 1.33(b).

Please correct me if I am wrong.

By: Daniel

Daniel — Wed, 03 Aug 2011 15:09:41 +0000

Got the one where the answer is D) GOVERNMENT and one that was phrased who CANNOT sign –> Partial Assignee on 7/29/2011

By: Bigbadvoododaddy

Bigbadvoododaddy — Wed, 06 Jul 2011 01:27:23 +0000

That should be partial assignee not of record – can sign, but not file.
Since an assignee of the entire interest may sign – it is one of those listed where ownership need not be established, 324.

By: Bigbadvoododaddy

Bigbadvoododaddy — Wed, 06 Jul 2011 01:21:29 +0000

the above identified small business concern [i.e., IBI] qualifies as a small business concern as defined in 13 CFR 121.3-18, and reproduced in 37 CFR 1.9(d), for purposes of paying reduced fees under section 41(a) and (b) of Title 35, United States Code, in that the number of employees of the concern, including those of its affiliates, does not exceed 500 persons. For purposes of this statement, (1) the number of employees of the business concern is the average over the previous fiscal year of the concern of the persons employed on a full-time, part-time or temporary basis during each of the pay periods of the fiscal year, and (2) concerns are affiliates of each other when either, directly or indirectly, one concern controls or has the power to control the other, or a third party or parties controls or has the power to control both.

So I stand corrected. Both D and E are incorrect for Q 1

Everyone scratch your heads

By: Bigbadvoododaddy

Bigbadvoododaddy — Wed, 06 Jul 2011 01:11:45 +0000

This is a good and correct explanation

By: Bigbadvoododaddy

Bigbadvoododaddy — Wed, 06 Jul 2011 01:09:48 +0000

INCORRECT: A partial assignee can sign it but not file the statement with the PTO.