The Indian Patent Office (IPO) has issued guidelines for
startups to file patent, trademark and design application under
Start-Ups Intellectual Property Protection (SIPP). This move is
aimed at increasing awareness about IP rights and their
exploitation by the upcoming businesses and also to encourage
innovation and creativity amongst them. It provides the procedure
to be adopted for filing/processing their applications for patents,
designs, trademarks and fees to be paid to the facilitators
As per the new guidelines, a startup willing to file patent
application can directly contact any of the facilitators available
on the official website of Indian Patent Office for preparing the
patent application. In case the startup is unable to select a
facilitator, the head of the respective patent office as per
jurisdiction shall provide names of 3 facilitators to choose
The facilitator shall draft the patent specification in
consultation with the start up subject to the patentability of the
invention and the provisions of the Patent Act and Rules. The
facilitator shall then file a complete patent specification at the
The SSIP scheme provided that the facilitator shall not charge
anything from the startups or entrepreneurs. The facilitators shall
be paid the fees directly by the Central government through the
office of the controller. However, the fee for filing patent
application and other statutory fees shall be borne by the Startups
The facilitator shall submit the claim of fees as per the fee
schedule given in SIPP scheme once the patent application is
received by the patent office. The invoice shall be submitted along
with a letter addressed to the Head of Office of the respective
Patent Office, giving details of claimed fees for drafting of
application and ID proof of the Registered Patent Agent. The Head
of office shall arrange for the payment of the fee to the
facilitator after verification of the facilitator and suitability
of payment and intimate to the controller the details of the
application and payment made to facilitator.
The facilitator shall also perform the following steps in
furtherance of the patent application:
Prepare reply to any query from patent office;
Attend the hearings as fixed by the Patent Office with relation
to the Patent Application.
Find relevant documents in the patent office on time pursuant
to hearing or otherwise as per Patent Act like Form 3, etc.
TRADEMARK AND DESIGN
Application for Design and Trademark registration shall be filed
and processed in the same manner as that of patents. The list of
facilitators for patents shall be applicable to design applications
as well. A separate list of facilitators for trademarks is
available on the website of Trademark Office for trademark
With a vision to promote entrepreneurship among the youth and
generating new lines of employment, the Government of India has
been relentless in its approach to provide a level playing field to
the start ups in India. The ambitious Scheme of "StartUp
India, StandUp India" has seen many beneficial policies and
action plans by the government to foster creativity and innovation.
The new guidelines shall enable the Startups to protect and exploit
their innovations. It further discharges them of the financial and
procedural requirements of filing and processing of IP registration
by fulfilling the payment obligation on behalf of the applicant and
providing a ready list of facilitators at their disposal.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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