Form 28 – Declaration for Startups and Small Entities in Indian Patent Filing

Form 28 – Declaration for Startups and Small Entities in Indian Patent Filing

Table of Contents

Introduction

Patent protection is a crucial step for startups, MSMEs (Micro, Small, and Medium Enterprises), and small entities to secure their innovations and gain a competitive edge in the market. Recognizing the importance of innovation from such entities, the Indian Patent Office (IPO) provides special benefits, including reduced fees and expedited examination.

To claim these benefits, eligible applicants must submit Form 28 – Declaration for Startups and Small Entities while filing their patent applications.

But what exactly is Form 28? Who should file it? And how can it benefit you as an applicant? Let’s break it down in detail.

What is Form 28?

Form 28 is a declaration document that must be filed by:

  1. Startups – Entities recognized as startups by the Government of India.
  2. Small Entities – MSMEs that meet the official criteria for small enterprises.

This form is required to claim the benefits of lower patent filing fees and faster examination, which can significantly reduce the cost and time involved in securing a patent.

If Form 28 is not submitted, the applicant will be charged the standard patent fees, which are higher than those applicable to startups and small entities.

https://ipindia.gov.in/writereaddata/Portal/Images/pdf/Form28_12042022.pdf

Who Should File Form 28?

Form 28 is applicable to the following categories of applicants:

1. Startups

A startup is an entity that meets the following criteria:

  • Recognized as a startup by the Department for Promotion of Industry and Internal Trade (DPIIT).
  • Has been in existence for less than 10 years from the date of incorporation.
  • Has an annual turnover less than INR 100 crore in any financial year.
  • Is working on innovation, development, or improvement of products, processes, or services.

If your startup meets these conditions, you can file Form 28 and avail reduced patent fees and expedited examination.

Important: If your startup loses its DPIIT recognition or crosses the eligibility criteria, you must update your status with the IPO.

2. Small Entities (MSMEs)

A small entity refers to an enterprise that qualifies under the MSME Act, 2006. The classification is based on investment in plant and machinery or annual turnover:

  • For Manufacturing Enterprises
    • Investment in plant and machinery: Less than INR 50 crore
    • Turnover: Less than INR 250 crore
  • For Service Enterprises
    • Investment in equipment: Less than INR 50 crore
    • Turnover: Less than INR 250 crore

If your enterprise qualifies as a small entity, you can submit Form 28 to claim reduced fees and other benefits.

Important: MSME recognition certificates must be updated periodically to continue receiving benefits.

3. Foreign Applicants as Small Entities

If a foreign company wants to file a patent in India and claims “small entity” status, it must provide a declaration that it meets the corresponding criteria in its home country.

Important: Foreign small entities must provide official supporting documents from their respective country’s patent office or business authorities.

Benefits of Filing Form 28

By filing Form 28, startups and small entities can enjoy the following key benefits:

1. Lower Government Fees

The patent filing fees for startups and small entities are significantly lower compared to large enterprises.

For example:

  • Patent filing fee (e-filing)
    • Startup/Small Entity – INR 1,600
    • Large Entity – INR 8,000
  • Examination fee
    • Startup/Small Entity – INR 4,000
    • Large Entity – INR 20,000

Savings: Startups and small entities pay only 20% of what large companies pay!

2. Expedited Examination (Fast-Track Patent Grant)

Startups that file Form 28 along with Form 18A can request expedited examination for faster patent grants.

  • Standard examination can take 4-6 years.
  • Expedited examination can reduce this time to 1-2 years!

Benefit: Faster patents mean quicker commercialization and stronger market position.

3. Support for Innovation and IP Protection

Startups and small businesses often lack the financial resources for IP protection. Form 28 helps them file patents at lower costs, ensuring their innovations are legally protected.

4. Increased Credibility and Business Valuation

Patents enhance the valuation of startups, making them more attractive to investors and venture capitalists. A startup with a granted patent has a higher competitive advantage in fundraising.

Benefit: Investors prefer startups with strong IP protection. Filing a patent under Form 28 can make your startup more appealing for funding opportunities.

When Should You File Form 28?

Form 28 must be filed at the time of filing the patent application. It should also be submitted when:

  • Filing a request for examination (Form 18) or expedited examination (Form 18A).
  • Filing a response to a First Examination Report (FER).
  • Paying any patent renewal fees as a startup or small entity.

If Form 28 is not filed, the applicant will be charged higher fees applicable to large entities.

How to File Form 28?

Filing Form 28 is simple and requires the following steps:

Step 1: Prepare the Required Documents

  • For Startups: DPIIT Startup Recognition Certificate.
  • For Small Entities: MSME (Udyam) Registration Certificate.
  • For Foreign Small Entities: Supporting declaration or certification from their respective country.

Step 2: Fill Form 28

  • Enter the applicant’s name, address, and details of the patent application.
  • Mention whether you are applying as a startup or small entity.
  • Attach the required recognition certificate or declaration.

Step 3: Submit to the Indian Patent Office

  • Form 28 can be submitted online via the IPO e-filing portal or physically at the patent office.
  • It must be filed along with the relevant patent application forms (e.g., Form 1, Form 18, Form 18A).

Conclusion

Form 28 is an essential document for startups and small entities to claim reduced patent fees and expedited examination under Indian patent law.

If you are a recognized startup, MSME, or small entity, filing Form 28 can help you save costs, speed up the patent process, and strengthen your IP protection.

Don’t miss out on this opportunity! If you qualify, make sure to file Form 28 along with your patent application and maximize the benefits available to you.

for more details about the costs required at each stage you may read article on Cost of patent registration in India

Video : Steps from idea or invention to granted patent in India along with time and costs

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Prasad Karhad
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