Patent Applicants in India

 1. Who can file a patent application in India?

A patent application can be filed by any of the following, either alone or jointly:

a) any person claiming to be the true and first inventor of the invention,

b) the assignee of the person claiming to be the true and first inventor,

c) the legal representative of any deceased person who immediately before their death was entitled to make such an application.

2. What are different categories of applicants?

The different categories of applicants are:

a) one or more natural person(s),
b) one or more start-up(s)
c) one or more small entity(ies);
d) one or more educational institution(s)
e) one or more large entity(ies) or company(ies) either alone or with one or more natural person(s) or start-up(s) or small entity(ies).

Natural persons, start-ups, small entities, and education institutions are eligible for a 75% reduction in the official fee.

3. What type of entity is considered a start-up in India?

a) An Indian entity is considered a start-up under the Act if it:
– is incorporated as a Private Limited Company, a Registered Partnership Firm or a Limited Liability Partnership;
– is incorporated or registered for not more than ten years;
– has a turnover under INR one hundred crores (approximately USD 14.5 million) for any of the financial years since incorporation or registration;
– is not formed by splitting up or reconstruction of a business already in existence;
– is working towards innovation, development or improvement of products or processes or services, or is a scalable business model with a high potential of employment generation or wealth creation; and
– is recognized by the Department for Promotion of Industry and Internal Trade (DPIIT) as a start-up.

b) A foreign entity is considered a start-up if it fulfils the above criteria for turnover and period of incorporation or registration.

4. What documents are required to claim start-up status in India?

a) Indian Entity: Certificate of recognition as a start-up from the Department for Promotion of Industry and Internal Trade (DPIIT);

b) Foreign Entity: The following documents are required:

– A document showing that the company is incorporated or registered for not more than ten years. (A notarized or certified copy of the incorporation certificate, in original).

– A document showing that the annual turnover did not exceed INR one hundred crores (approximately USD 14.5 million) in any preceding financial year. For example, financial documents or accountant certificate (on the letter head of the accountant who will sign the document)

– A brief write-up of the company in either word or a pdf format

– A self-declaration, that the applicant is a start-up.

5. What documents and information is required for recognition as a start-up by the DPIIT?

The following are required to register an entity as a start-up:

a) Incorporation or registration certificate

b) Details of the director(s)

c) Proof of concept like pitch deck/website link/video (in case of a validation/ early traction/scaling stage start-up) respectively. If the entity is still at the idea stage, then the proof of concept may be submitted at a later stage as well.

d) Patent and trademark details (optional)

e) Permanent Account Number (PAN)

6. What is a small entity patent applicant in India?

A small entity patent applicant in India is an entity whose investment in plant and machinery or equipment does not exceed INR 50 crores (approximately USD 6.8 million) and turnover does not exceed INR 250 crores (approximately USD 34 million).

7. What documents are required to claim small entity status in India?

a) Indian Entity: Evidence of registration under the Micro, Small and Medium Enterprises Act, 2006.

b) Foreign Entity: Any documentary evidence that shows that the company fulfils the required criteria i.e., the investment in plant and machinery or equipment by the entity does not exceed approximately USD 6.8 million and turnover does not exceed approx. USD 34 million. Examples of such documentary evidence include annual reports or accountant’s certificates. A declaration, that the applicant is a small entity may also be submitted.

8. What type of instituion is considered as an “educational institution”?

An educational institution means a university established or incorporated by or under Central Act, a Provincial Act, or a State Act, and includes any other educational institution as recognised by an authority designated by the Central Government or the State Government or the Union territories in this regard.

9. Are foreign educational institutions also eligible for “educational institution” status in India?

Yes, foreign educational institutions are also eligible.

10. What documents are required to claim “educational institution” status in India?

Any document as evidence of eligibility may be submitted.