"Small Entity" Status – Improved but Perhaps not Perfected

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The Canadian patent regime, like many others, provides a 50% reduction in government fees to eligible sole inventors, small companies and universities. Those who qualify for the fee reduction are called "small entities," a term defined in the Patent Rules. Small entity status was considered in Barton No-Till and Flexi-Coil v. Dutch Industries (2003), 24 C.P.R. (4th) 157 (F.C.A.), reversing in part, 14 C.P.R. (4th) 499 (F.C.T.D.), in which it was decided that the entity status of an applicant was determined, once and for all, when the applicant first "engaged" the patent regime.

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