Can Small Firms Mitigate their Disadvantages in Patent Litigation?

McNair Project

Can Small Firms Mitigate their Disadvantages in Patent Litigation?
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Abstract

An Academic Paper focused on the disproportionate patent litigation provided to small firms. Lex data will be used to acquire data on patent lawsuits.

Micro-entity under Leahy-Smith America Invents Act

Under section 123 of the United States Code Title 35 an applicant would qualify as micro entity if the applicant

1. qualifies as small entity
2. has not been named as inventor on more than 4 previously filed patent applictions with the exception of

• • Applications filed in another country
  • Provisional applications under section 111(b)
  • International applications filed under the treaty defined in section 351(a) for which the basic national fee under section 41(a) was not paid

1. The gross income in the calendar year preceding the calendar year in which the applicable fee is being paid does not exceed 3 times the median household income for that preceding calendar year, as most recently reported by the Bureau of the Census.