A small entity is a natural person, a company with up to 500 employees, or a nonprofit organization anywhere in the world.

AND, as a condition, a small entity must NOT have assigned, granted, conveyed, or licensed the invention, or be legally obligated to do so, to anyone who does not also qualify as a small entity.

Small entities that also:

Each inventor, patent applicant or patent owner, as applicable, meets the additional criteria A or B:

1. 
   
   1. Was named as an inventor on four or fewer previously filed applications.
   2. Had an income for the previous calendar year of no more than the gross income limit $212,00 dollars).
   3. Has not assigned, granted, conveyed, or licensed the invention, or is legally obligated to do so, to anyone who exceeds the gross income limit.


2. 
   If you have received the majority of your income from employment by a U.S. institution of higher education, OR have assigned, granted, or conveyed, or are legally obligated to do so, a patent ownership interest to such an institution.