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The government launched the Start-ups Intellectual Property Protection (SIPP) scheme in 2016 to facilitate the startups to file applications for designs, patents and trademarks through registered facilitators. The SIPP scheme was initially in force till 31.03.2017. It was extended for three years until 31.03.2020 and further extended for another three years, i.e. from 01.04.2020 to 31.03.2023.
The office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) implements the SIPP scheme. The CGPDTM provides facilitators to startups for filing and processing their applications for designs, patents and trademarks.
The registered facilitators under this scheme will help the startups file their Intellectual Property Rights (IPR) applications in the appropriate Intellectual Property (IP) Offices by paying only the statutory fees. The office of the CGPDTM will reimburse the professional charges of the facilitators.
The SIPP scheme aims to promote adoption and awareness about the IPRs among startups. It is inclined to mentor and nurture innovative and emerging technologies and assists startups to protect and commercialise their innovations by providing them access to high-quality IP resources and services. It encourages and facilitates the filing of the IPR applications by the startups, thus promoting creativity and innovation among them.
Any startup that fulfils the following conditions are eligible to file an application for their IPR through facilitators under this scheme:
However, the entities formed by the reconstruction or splitting up of an already existing business are not eligible for this scheme. The startups must have a Certificate of Recognition issued by the Department of Industrial Policy and Promotion (DIPP). However, they need not obtain a certificate of eligible business issued by the Inter-Ministerial Board of Certification.
The CGPDTM shall empanel facilitators for the effective implementation of the SIPP scheme. The CGPDTM regulates the functions and conduct of the empanelled facilitators. The following entities can be a facilitator:
However, the IP application needs to be signed by a person authorised to do so under the relevant Act and Rules.
The following are the functions of the facilitators as decided by the CGPDTM:
The following fees structure applies to the empanelled facilitators for the patents, trademarks or designs applications filed by them on behalf of a startup:
|Stage of Payment||Patent (INR)||Trademark (INR)||Design (INR)|
|At the time of filing the application||10,000||2,000||2,000|
|At the time of final disposal of the application (without any opposition)||10,000||2,000||2,000|
|At the time of final disposal of the application (with any opposition)||15,000||4,000||4,000|
The facilitator will not charge any amount from the startups or the entrepreneurs for filing the IPR application. However, the startup itself shall bear the statutory fees payable for each design, patent or trademark applied by it under this scheme.
The facilitator can claim the fees from the IP Office as per the stage of work completion. A self-declaration from the concerned startup that they have not obtained funds under any other government scheme to pay the facilitator, trademark agent or patent agent for filing and prosecuting their IP application should accompany the bill for the claim of fees by a facilitator.
When the application is abandoned or withdrawn before its disposal, the facilitator will receive the fees only for filing the application and not for its disposal. When claiming reimbursement of fees, the facilitator must submit an invoice to the concerned IP Office having the registration number obtained from the DIPP for the startup whose IP application is filed by him/her.
The procedure for filing design, patent or trademark applications by the startups under the SIPP through the facilitators are mentioned below.
The startups wanting to file a patent application under this scheme can select a facilitator from the list of facilitators available on the official website of CGPDTM. The startups can directly contact the facilitator to prepare and file the application under the SIPP scheme.
The facilitator will file a patent specification at the respective patent Office on behalf of the startup as per the prescribed procedures under the Patent Act and Rules after assessing the invention’s patentability.
After filing the patent specification to the respective Patent Office, the facilitator will monitor the application and perform the further steps of proceedings, prepare the reply to any query from the Patent Office and attend the hearings.
The startups wanting to file a design application under this scheme can select a facilitator from the list of facilitators available on the official website of CGPDTM. The startups can directly contact the facilitator to prepare and file the application under the SIPP scheme.
The facilitator will file the design application to the Design Office on behalf of the startup as per the prescribed procedures under the Design Act and Rules. The facilitator will monitor the application and prepare a reply to any query from the Design Office.
The startups wanting to file a trademark application under this scheme can select a facilitator from the list of facilitators available on the official website of CGPDTM. The startups can directly contact the facilitator to prepare and file the application under the SIPP scheme.
The facilitator will file the trademark application to the respective Trademark Registry on behalf of the startup as per the prescribed procedures under the Trademark Act and Rules. The facilitator will monitor the application, prepare a reply to any query from the Trademark Office and attend hearings.
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