Are Indian Universities come under small entity to take benefit of reduced patent filing fees? If yes which document can be provided with form no 28 as a proof?
There are three categories in which the applicants are categories under Indian Patent act. These are natural person (individual person), small legal entity and other then small entity. On the basis of this categorization patent fee is calculated.
As per the law "Small entity" applicant is the one who is engaged in the manufacture or production of goods pertaining to any industry having investment upto Indian Rupees 10 crores Or the one who is engaged in providing or rendering services, should not have an investment limit over Indian Rupees 5 crores.
As Universities and Research Institutes do not fall under the definition of small entity, as a result they cannot claim the fee benefit while patent filing.
I know it is pretty strange, but this is the reality.
For any further information or clarification, feel free to contact.
Regards,
Abhishek Saini (+91-9810275945)
Patent Attorney (IN/PA-1731)
http://bit.ly/abhisheksaini
In order to qualify "Small Entity", the company should not have investment more than 10 crores rupees for goods and 5 crores rupees for services.
Accordingly, the University or College or Research Institute do not qualify for the small entity.
Recently, Indian government introduced Intellectual Property Scheme for Startups, but again universities would not be considered as a startup.
https://www.intepat.com/blog/intellectual-property-scheme-startups/
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