In order to claim the fee benefit under the Small Entity category, an official form -Form 28 prior to submitting any other form /fee in case of subsequent filing or along with the Application for Grant of Patent in case of New Application is required to be filed with the Indian Patent Office (IPO). However, no official fee is required to be paid in respect of filing the Form 28 for claiming Small Entity status.
The criteria for “Small Entity” as specified under Micro, Small and Medium Enterprises (MSME) Development Act, 2006 is as follows:
– in the case of enterprises engaged in the manufacture or production of goods, the investment in plant and machinery does not exceed Rupees One Hundred Million i.e. INR 100,000,000;
– in the case of enterprises engaged in providing or rendering of services, the investment in equipment does not exceed Rupees Fifty Million i.e. INR 50,000,000.
For calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other items as may be specified, by notification, shall be excluded.
The evidence/supporting documents is required to be filed along with the Form 28 with the Indian Patent Office to claim the benefit under the Small Entity status:
As far as Indian entities are concerned, it would be required for them to furnish the evidence of registration under the Micro, Small and Medium Enterprises Act. That is the document substantiating that the company is registered as MSME with the Government of India shall be required to be filed as evidence.
However, in case if in countries outside India, the government provides such provisions of registration as the Small Entity, then the Certified Copy of the said registration shall suffice in this regard. Otherwise the company may be required to furnish its Financial Statements to substantiate that it meets the criteria as specified under Micro, Small and Medium Enterprises Development Act, 2006.