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Categories of Applicant in India

Categories of Applicant in India:There are 4 categories of Applicant in India

(1) Natural Person/s;

(2) Start up

(3) Small Entity and

(4) Other Entity.

All non-natural person fall under either other entity by default. To claim “start up” status a certificate from DIPP is required and the start up status is valid for 5 years only. However to claim small entity Form 28 along with evidence in support of small entity status has to be filed. In case of Indian Applicants, such document is Registration certificate under Small Scale Industries. While for applicants based in other countries they need to submit document that verifies or establishes that Applicant's whose investment in plants/ machines in case indulged in manufacturing/ production of goods is less than 10 crores and in case indulged in service industry the investment in equipment is less than 5 crores. It is to be noted that while calculating investment in plants and machinery, the cost of pollution control, research and development, industrial safety devices, and such other things specified under THE MICRO, SMALL AND MEDIUM ENTERPRISES DEVELOPMENT ACT, 2006 is to be excluded. Foreign entity could file a duly notarised affidavit to that effect to claim small entity status.

Discount in Official Fee: India allows discount in official fee to natural person, start up as well as small entity. When the patent application is assigned to non-natural person (small entity, start up or other than small entity), the entire discounted fee has to be paid at the time of registration of assignment.