To Be Submitted by a Small Entity or Startup (Form 28) (India) by Indian Patent Office
This is a standard administrative form used in India to declare and provide proof of 'Small Entity' or 'Startup' status under the Patents Act. By submitting this form, applicants or patentees can benefit from specific provisions or reduced fees associated with these categories.
"FORM 28
THE PATENTS ACT, 1970
(39 of 1970)
AND
THE PATENTS RULES, 2003
TO BE SUBMITTED BY A SMALL ENTITY / STARTUP
[See rules 2 (fa), 2(fb) and 7]
1 | Insert name, address and nationality. | I/We ... ... applicant/ patentee in respect of the patent application no. ...or patent no... hereby declare that I/we am/are a small entity in accordance with rule 2(fa) or a startup in accordance with rule 2(fb) and submit the following document(s) as proof: |
2 | Documents to be submitted | |
i. For claiming the status of a small entity: | ||
A. For an Indian applicant: Evidence of registration under the Micro, Small and Medium Enterprises Act, 2006 (27 of 2006). | ||
B. In case of a foreign entity: Any other document. | ||
ii. For claiming the status of a startup | ||
A. For an Indian applicant: Any document as evidence of eligibility, as defined in rule 2(fb). | ||
B. In case of a foreign entity: Any other document. | ||
3 | To be signed by the applicant(s) / patentee (s) / authorised registered patent agent. | The information provided herein is correct to the best of my/our knowledge and belief. Dated this ...day of ... 20... |
4 | Name of the natural person who has signed. | Signature ... |
Designation and official seal, if any, of the person who has signed. | (Name) ... (Designation) ... To The Controller of Patents, The Patent Office, At...”; |
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About this template
What is this template?
This is a statutory declaration prescribed by the Indian Patents Rules to verify the eligibility of an entity for lower patent fees. It contains specific fields for the patent application number and requires evidence of MSME registration for Indian applicants. It is not an application for a patent itself, but a supporting document to determine the fee tier.
When should you use it?
Use this form when filing a patent in India to claim fee concessions reserved for smaller businesses and startups. Use the general Form 1 instead if you are filing as a large entity and do not require fee reductions.
Who it's for
- an Indian applicant claiming status via the Micro, Small and Medium Enterprises Act, 2006
- a foreign entity providing proof of eligibility for startup status in India
- a patentee declaring small entity status for an existing patent number
- a registered patent agent filing status evidence on behalf of an applicant
How long it runs and how it's signed
Law it's drafted under
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