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 Small entity status when license to large ent expires 
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Joined: 2014-06-02 07:44:43
Posts: 2
Consider an application for an invention that was licensed to a large entity at the time the application was filed, and then the license expired during prosecution. Can small entity status be asserted at that point? Among other requirements, a small entity is one "Which has not assigned, granted, conveyed, or licensed (and is under no obligation to do so) any rights in the invention to any person who made it and could not be classified as an independent inventor, or to any concern which would not qualify as a non-profit organization or a small business concern under this section." The "which has not...licensed" wording doesn't seem to exclude a license that expired during prosecution, but only seems to care whether it was licensed to a small entity in the past. Thoughts?


2014-09-15 08:22:36
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