How to Claim the Startup Patent Fee Rebate in India (Form 28)

A DPIIT-recognised startup pays about one-fifth of the normal official fee on many patent filings in India. That rebate sits in the Patents Rules, 2003, and you claim it by filing the right category and a short form, Form 28, with your documents. There is also a separate scheme, SIPP, under which the government pays an empanelled facilitator (a patent agent, for example) so you pay only the official fees. This guide covers both, the fee table, the e-filing steps, expedited examination and the trademark rebate.

Check SIPP before you rely on it. The fee rebate and the SIPP facilitator scheme are two different things, and only the second has a status question. The scheme's last approved term ran three years from 1 April 2020, to 31 March 2023, per the 30 April 2020 public notice and the revised scheme document. IP India's SIPP page then lists a further three-year extension "with effect from 01-04-2023", but the notice filed under that heading is the 2020 one, and we could not open any document that sets out the 2023 term. DPIIT's own SIPP page says the scheme has been "extended up to March 2026". We found no official notice extending it beyond 31 March 2026, and none closing it. The Startup India IP page (last updated 30 October 2026) and DPIIT's June 2026 Startup Schemes Playbook still describe the facilitator benefit in the present tense, so the official pages may simply not have caught up. Treat the facilitator part as unconfirmed, and ask any facilitator whether they are taking new SIPP cases now. The statutory rebate below does not depend on SIPP.

This guide is based on the official guidelines as of November 2026; always check the portal for the latest rules.

If you aren't recognised yet, start with our DPIIT recognition guide. Everything below assumes you hold the certificate.

Two benefits, two sources

1. The statutory fee rebate. The First Schedule of the Patents Rules has one fee column for "natural person or startup or small entity or educational institution" and another for everyone else. PIB describes this as an 80% fee rebate for startups on patent applications and 50% on trademark applications (PIB, 2 December 2022). The current schedule on IP India shows the same split. The latest fee amendment is G.S.R. 211(E) of 15 March 2024.
2. The SIPP facilitator arrangement. Under the scheme document, an empanelled facilitator "shall not charge anything from the Startup", is paid by the Central Government, and the startup bears only the statutory fees. The scheme also says it doesn't entitle you to a grant of the patent.

One rule number to get right: in the Patents Rules, rule 2(fa) defines "small entity" and rule 2(fb) defines "Startup" as an entity in India recognised as a startup by the competent authority under the Startup India initiative (a foreign entity can instead declare that it meets the same turnover and age criteria). See Rule 2 on IP India.

The fees: startup rate vs everyone else

These are e-filing fees from the IP India fee schedule. Physical filing costs more and isn't allowed at all for expedited examination.

The ₹1,600 against ₹8,000 for Form 1 is where the 80% comes from. A complete specification filed after a provisional costs nothing up to 30 pages and 10 claims, with the same per-sheet and per-claim charges beyond that.

Two things to note. The same lower column also applies to natural persons, small entities and educational institutions, so an individual founder filing in their own name pays the lower fee too, but the lower fee for a company or LLP is tied to its startup status. And these are official fees only. A patent agent's professional fee is separate.

Before you file

• Your DPIIT certificate. It is the natural document to show you meet rule 2(fb). Form 28 asks for "any document as evidence of eligibility" for an Indian applicant.
• A Digital Signature Certificate or e-Sign. IP India says you can use either to register for patent e-filing. A DSC should be Class II or III without encryption.
• Your specification. You can file with a provisional or a complete specification. If you file a provisional, the complete specification is due within 12 months of the filing date, with no further extension, per IP India's filing process page.
• A decision on an agent. You can file yourself. If a registered patent agent files for you, IP India also needs a power of authority in Form 26.

How to claim the rebate: step by step

1. Register on the patent e-filing portal. Go to ipronline.ipindia.gov.in/epatentfiling, create a user ID and password, and log in. Patents are filed on the ipronline address; the ipindiaonline.gov.in site is the trademark e-filing system.
2. Open Form 1 and fill in the details. Form 1 has a section "Category of Applicant" where you tick whether you are a natural person or other than a natural person, and then whether you are a small entity, a startup or others. Tick Startup if you are filing as a recognised startup.
3. Attach the specification and abstract. Form 1 is the request, Form 2 is the provisional or complete specification with any drawings, and an abstract is also required.
4. Submit Form 28 with your evidence. Rule 7(1) says that for a small entity, startup or educational institution, "every document for which a fee has been specified shall be accompanied by Form-28". Form 28 is a declaration that you are a startup under rule 2(fb), with your proof attached. It carries no fee.
5. Save, preview and sign. Save the draft, preview it, and sign each document with your DSC or e-Sign.
6. Pay online. Signed forms appear under the Payment tab. Pay at the startup rate and keep the e-receipt.
7. Repeat Form 28 on later filings. The rule applies to each fee-bearing document, so attach it again when you file Form 18, Form 18A, Form 9, Form 4 and so on.

If you change course after filing, the explanation to rule 7(3) covers one case: if a startup's recognition period lapses or its turnover crosses the limit after it files, no fee difference is payable on that account.

Expedited examination for startups

Normally you request examination on Form 18 within 31 months of the priority date or filing date, whichever is earlier (rule 24B, as amended by the Patents (Amendment) Rules, 2024; applications filed before those rules took effect on 15 March 2024 keep their old period). Startups can instead ask for faster examination under rule 24C:

1. File Form 18A electronically, with the fee, on the ground that "the applicant is a startup". It must be filed within the same period as a normal request, and only by electronic transmission.
2. File Form 9 with it, unless your application is already published or a Form 9 request is already in. Rule 24C(3) requires the expedited request to come with a request for publication.
3. Switch an existing Form 18 request if you've already filed one. Rule 24C(2) lets you convert it by paying the fee and giving the documents.
4. Watch the timelines. The rule sets these steps: the examiner reports ordinarily within one month, not more than two months; the Controller disposes of that report within one month; and the first statement of objections is issued within 15 days after that. You then get six months from the objection date to put the application in order, extendable by three months through Form 4.
5. Expect a possible cap. Rule 24C(13) lets the Controller limit the number of expedited requests accepted in a year, by notice in the official journal. Check the journal before relying on this route.

The proviso to rule 24C(5) also says that if your startup status lapses after you file, your expedited request can't be questioned for that reason alone.

The trademark rebate

Trademark fees follow the same pattern, on a different system. The IP India trade mark fee page lists the TM-A application fee for an "Individual / Startup / Small Enterprise" at ₹4,500 e-filed (₹5,000 on paper), against ₹9,000 (₹10,000) for other applicants, per class and per mark. That is the 50% rebate. Startup India's IP page also says the Trade Marks Rules, 2017 were amended to provide it.

On TM-A you choose the applicant category and, for a startup, the form says "requisite certificate should be provided". Trademark e-filing is at ipindiaonline.gov.in/trademarkefiling. The same page lists expedited processing of a trademark application at ₹20,000 e-filed for a startup against ₹40,000 for others.

Checklist

• DPIIT recognition certificate downloaded and saved
• DSC or e-Sign ready, and an e-filing portal account created
• Specification (provisional or complete) and abstract ready
• Form 26 prepared, if a registered patent agent will file for you
• "Startup" ticked in the applicant category on Form 1
• Form 28 and your proof attached to Form 1
• Form 28 attached again to every later fee-bearing form (Form 9, 18, 18A, 4)
• Fee paid at the startup rate and e-receipt saved
• Examination request deadline noted (31 months, for applications filed on or after 15 March 2024)
• If you want a facilitator: confirmed with the facilitator, in writing, that SIPP claims are still being processed

FAQ

Is the patent fee rebate the same thing as SIPP?

No. The rebate is a lower fee column in the Patents Rules. SIPP is a scheme where the government pays an empanelled facilitator's professional fee. The rebate applies to the fees you pay IP India; SIPP covers the agent's charges. Check the status of SIPP separately, as explained at the top.

Do I have to be DPIIT-recognised to get the lower fee?

Rule 2(fb) defines a startup as an entity recognised under the Startup India initiative, and Form 28 asks you to show that you meet it. A recognised startup, small entity (for example with an Udyam registration), or educational institution must file Form 28; the schedule's lower column also covers natural persons. See our DPIIT vs Udyam guide if you're unsure which applies.

Do I file Form 28 once or every time?

Rule 7(1) requires it with every document for which a fee is specified, so plan for each one.

What if I stop being a startup after I file?

The explanation to rule 7(3) says no fee difference is payable for that reason, and the proviso to rule 24C(5) protects an expedited request from being questioned on that ground. A transfer of the application to a person who is not a startup or other lower-column applicant does trigger a fee difference.

Can I file on paper and still get expedited examination?

No. Rule 24C allows a request for expedited examination only by electronic transmission, and the fee schedule marks physical filing "Not allowed".

Does expedited examination mean my patent is granted faster?

It means the examination steps are timed, not that a grant is promised. The SIPP scheme document says plainly that the scheme does not entitle you to grant, and applications are disposed of under the Act and Rules. For help preparing documents, see our services; other benefits for recognised startups are in our scheme directory.

Sources

• IP India: First Schedule fee table, Patents Rules 2003
• Gazette of India: Patents (Amendment) Rules, 2024, G.S.R. 211(E), 15 March 2024
• IP India: Patents Rules, 2003, rule 2 (definitions of small entity and Startup)
• IP India: Patents Rules, 2003, rule 7 (fees and Form 28)
• IP India: Patents Rules, 2003, rule 24B and rule 24C (examination and expedited examination)
• IP India: Form 28, small entity / startup / educational institution (PDF)
• IP India: Patent filing process and e-filing steps
• IP India: Startups Intellectual Property Protection (SIPP) page
• IP India: SIPP scheme document with revised terms from 2 November 2022 (PDF)
• PIB: Scheme for IP protection revised, 2 December 2022
• DPIIT: SIPP scheme page ("extended up to March 2026")
• IP India: SIPP public notice of 30 April 2020 (term to 31 March 2023)
• Startup India: Startup Schemes Playbook, June 2026 (PDF)
• Startup India: Intellectual Property Rights page
• IP India: Trade Marks forms and official fees (First Schedule, Trade Marks Rules 2017)
• IP India: Form TM-A (PDF)
• Patent e-filing portal (IP India)

Cover photo: Kelly Sikkema on Unsplash