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Erroneous Small Entity Designation Can Jeopardize Patent Rights

April 6, 2004

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A decision of the Court of Appeals for the Federal Circuit (CAFC) in Ulead Systems, Inc. v. Lex Computer Management Corp. , 351 F.3d 1120 (Fed. Cir. December 9, 2003), highlights the importance of carefully determining whether a patent applicant or patentee is qualified for “small entity” status when paying fees to the U.S. Patent and Trademark Office (PTO).

Resources

IP Advisory Spring 2004.pdf

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