Form 28 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Form 28 is not a patent application and not a request for expedited examination. The Second Schedule prints it as "To be submitted by a small entity / startup / educational institution", citing rules 2(fa), 2(fb), 2(ca) and 7: it is the declaration, with proof, by which an applicant or patentee claims that status for the lower fee column and the related rules. Expedited examination is a different form, Form 18A, under rule 24C. If you are deciding how to ask for examination, our patent examination request team can work out the route and the paper that goes with it.
Form 28 declares that the applicant or patentee is a small entity (rule 2(fa)), a startup (rule 2(fb)) or an educational institution (rule 2(ca)) and submits proof. Under the second proviso to rule 7(1), such an applicant must accompany every document for which a fee has been specified with Form 28. Form 28 carries no fee (entry 55). Expedited examination is requested in Form 18A under rule 24C, with the fee in entries 29 and 30, only by electronic transmission.
The three statuses in rule 2
| Status | Definition as printed |
|---|---|
| Educational institution, 2(ca) | A university established or incorporated by or under a Central Act, a Provincial Act or a State Act, and 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 |
| Small entity, 2(fa) | For goods, an enterprise where the investment in plant and machinery does not exceed the limit for a medium enterprise under section 7(1)(a) of the Micro, Small and Medium Enterprises Development Act, 2006; for services, investment in equipment not more than the limit for medium enterprises under section 7(1)(b). Explanations 1 to 3 define "enterprise" and exclude certain costs |
| Startup, 2(fb) | An entity in India recognised as a startup by the competent authority under the Startup India initiative; for a foreign entity, one fulfilling the turnover and incorporation criteria of that initiative and submitting a declaration |
Rule 2(da) says "person other than a natural person" shall include a "small entity". The definitions are explained in rule 2: small entity, startup and educational institution. For background on the schemes the definitions point to, see our guides on Startup India recognition and on MSME classification.
What Form 28 contains
The form has the applicant or patentee state its name, address and nationality and declare, in respect of a patent application number or patent number, that it is a small entity in accordance with rule 2(fa), a startup in accordance with rule 2(fb) or an educational institution in accordance with rule 2(ca), and submit documents as proof. The documents named are:
| Status | Indian applicant | Foreign entity |
|---|---|---|
| Small entity | Evidence of registration under the Micro, Small and Medium Enterprises Development Act, 2006 | Any other document |
| Startup | Any document as evidence of eligibility, as defined in rule 2(fb) | Any other document |
| Educational institution | Any document as evidence of eligibility, as defined in rule 2(ca) | Any other document |
The form is signed by the applicant(s), patentee(s) or authorised registered patent agent, with a declaration that the information is correct according to the signatory's knowledge and belief, and the name of the natural person who signed.
Rule 7: when Form 28 must go in
Rule 7(1) says fees are as specified in the First Schedule. The second proviso says that, in the case of a small entity, startup or educational institution, every document for which a fee has been specified shall be accompanied by Form 28. Rule 7(3) provides that where an application processed by one of these applicants is transferred to a person outside those classes, the new applicant pays the difference in fees with the request for transfer; the Explanation says no difference is payable where a startup or small entity ceases to be one through lapse of its recognition or its turnover crossing the notified threshold. See rule 7: fees, mode of payment and refund.
The fee: entry 55
As per the First Schedule as substituted in 2024, entry 55, "To be submitted for claiming the status of a small entity or startup" (Form 28), reads "No fee" in all four columns. The entry names only a small entity or startup, while rule 2(ca), the Second Schedule entry and rule 7(1) also bring in educational institutions; the wording is copied as printed. The two applicant columns of Table I are headed "natural person or startup or small entity or educational institution" and "other(s), alone or with" those persons. See patent fees by applicant category and filing mode.
Expedited examination is Form 18A, not Form 28
Rule 24C(1) lets an applicant file a request for expedited examination in Form 18A along with the First Schedule fee, only by electronic transmission duly authenticated, within the period prescribed in rule 24B, on one of the grounds in clauses (a) to (j). Clause (b) is that the applicant is a startup and clause (c) that the applicant is a small entity; the other grounds include India as competent International Searching Authority or elected International Preliminary Examining Authority, a female natural person applicant, Government departments and institutions, a notified sector, and an arrangement between the Indian Patent Office and a foreign patent office. Under rule 24C(5), proviso, a request by a startup or small entity is not to be questioned merely because it ceases to be one through lapse of its recognition or its turnover crossing the notified threshold. Rule 24C(2) allows conversion of a request under rule 24B, and rule 24C(3) requires a request for publication under rule 24A to accompany the request unless the application is already published or a request is filed.
| Entry | Head | Form | E-filing, first column / others | Physical |
|---|---|---|---|---|
| 29 | Request for expedited examination under rule 24C | 18A | Rs 8000 / Rs 60000 | Not allowed |
| 30 | Conversion of a request filed under rule 24B into a request under rule 24C | 18A | Rs 4000 / Rs 40000 | Not allowed |
These amounts are as per the First Schedule as substituted in 2024; the entries refer to "expedited or delayed examination", although rule 24C has no delayed examination. Check the current Schedule for later changes. See rule 24C and, for the ordinary request, Form 18. Our guide on expedited examination for startups, MSMEs and female applicants is a general overview; the grounds should be taken from rule 24C itself.
Example
Prism Energy Pvt Ltd, a recognised startup, files Form 28 with each fee-bearing document. Later it files Form 18A under rule 24C, clause (b), electronically, with the entry 29 fee and a request for publication under rule 24A. Form 28 alone would not have asked for expedited examination.
Common mistakes
- Treating Form 28 as an application or as the request for expedited examination.
- Filing a fee-bearing document in the lower column without Form 28.
- Filing a request for expedited examination in physical mode; rule 24C(1) requires electronic transmission.
Need help with status and examination?
The status declaration, the examination request and the fee column have to agree. Our patent examination request service prepares Form 28 with the proof, and Form 18 or Form 18A as the case requires.
Key takeaways
- Form 28 declares status as a small entity, startup or educational institution and carries no fee (entry 55).
- It accompanies every fee-bearing document of such an applicant (rule 7(1), second proviso).
- Expedited examination is Form 18A under rule 24C, electronically only.
Read next
- Form 18: request for examination
- Form 1: application for grant of a patent
- Form 9: request for publication
- Patent examination process: request, first examination report and hearing
Disclaimer: Based on the Patents Rules, 2003 as consolidated up to 21 September 2021 and as amended by the Patents (Amendment) Rules, 2024 and the Patents (Second Amendment) Rules, 2024, as consulted on 2 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice.