There are various types of applicants recognized by Rule 2 of the Indian Patent Rules, 2003. These different types of applicants enjoy various benefits during the patent prosecution in India like reduced fees for various actions etc. The types of applicants are as follows:
- Natural persons: A real and living human being is called a natural person. No document is required to claim this applicant type.
- Small entity: An applicant which is an entity can qualify as a small entity if the entity’s investment in plant & machinery or equipment does not exceed the limit of INR 500 million (INR 50 crore) and the annual turnover on the date of filing the application does not exceed the limit of INR 2.5 billion (INR 250 crore). An Indian entity can claim the status of a small entity by providing the MSME (Micro, Small & Medium Enterprise) certificate issued by Ministry of Micro, Small & Medium Enterprises.
A foreign entity may claim the status of a small entity by providing:
- An evidence document, for example, a certified copy of the financial statement or a certificate from a Chartered Accountant, showing that the investment in plant & machinery and the annual turnover is less than the aforementioned limits, and
- A declaration letter from the authorized signatory of the entity saying that the given information is true.
3. Startup: An Indian entity can claim the status of a startup by providing the startup certificate under the Startup India initiative.
A foreign entity can be considered a startup, if the entity has not crossed 10 years from the date of incorporation and its turnover is less than INR 1 billion(INR 100 crore) in any of the previous financial years. A foreign entity may claim the status of a startup by providing:
- An evidence document, for example, a certified copy of the financial statement or a certificate from a Chartered Accountant, showing that the annual turnover is less than the aforementioned limit,
- A declaration letter from the authorized signatory that the given information is true, and
- An incorporation/registration certificate.
4. Educational institution: Under the Indian Patent Rules, 2003, an educational institution means a university that is established by a Central/ Provincial/ State Act, including an educational institution that is recognized by the Central/ State Government or the Union territories.
A suitable document of eligibility is required to be submitted by the applicant.
5. Other than natural persons: If an applicant is not a natural person and does not qualify as a small entity or startup or an educational institution, then the applicant comes under this category. No documents are required to claim this applicant type and no additional benefit is mentioned in the Indian Patent Rules, for this type of applicant.