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 thereof.

PATENT APPLICATION

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 from.

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 appropriate office.

FEE

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 themselves.

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.

FURTHER PROCEDURES

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 applications.

CONCLUSION

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.

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