According to the July 6, 2006 Federal Register, the USPTO has opened a window for public comments as to whether or not the Small Business Administration (SBA) size standard is the appropriate one. For purposes of reduced patent fees, the SBA size standard is used by the USPTO when conducting analyses or certifying under the Regulatory Flexibility Act for patent-related regulations. The current proposal is to establish the SBA’s “small business concern” definition as the definition of “small business concern” under the Regulatory Flexibility Act. According to 35 U.S.C. § 41(h)(1), “fees charged under subsections (a), (b) and (d)(1) shall be reduced by 50 percent with respect to their application to any small business concern as defined under section 3 of the Small Business Act, and to any independent inventor or nonprofit organization as defined in regulations issued by the Director.” According to the Federal Register, “The USPTO is proposing to use the size standard set forth in 13 CFR 121.802 as its size standard when conducting an analysis or making a certification under the Regulatory Flexibility Act to avoid the need to collect information from patentees and patent applicants concerning whether they are a small business concern using the size standards set forth in 13 CFR 121.201.” Comments will be considered if received on or before August 7, 2006.

Federal Register Excerpt: LINK
35 U.S.C. § 41: LINK
13 CFR § 121.201: LINK
13 CFR § 121.802: LINK