With a vision to protect and promote Intellectual Property Rights of Startups and thus encourage innovation and creativity among them, the Department for Promotion of Industry and Internal Trade (DPIIT), Government of India and World Intellectual Property Organisation (WIPO), by way of a mutual co-operation agreement have established the World Intellectual Property (WIPO) Technology and Innovation Support Centres (TISCs). This is to help innovators and entrepreneurs in India to exploit their innovative potential and to create, manage and protect their Intellectual Property Rights (IPRs). This includes educational institutes using the services of TISCs established in India.
Started in 2016 on a pilot basis it was extended till 31st March, 2023. Additionally, from 6th September, 2019, all Indian innovators and creators using the services of the TISCs established in India were brought under the ambit of the scheme, thus widening its reach and scope. From 2ND November, 2022, some changes were made to the scheme and the facilitation fees was notably increased by at least 100%. This was done to further encourage the IP facilitators to provide quality services to the eligible applicants. Now, the scheme has been given an extension till 31st March, 2026 with further changes w.e.f 1st April, 2023 based on the experience gained from the implementation of the scheme so far.
The objective of the SSIP scheme is to propagate the awareness of Intellectual Property Rights amongst Startups and adoption of the same and effective utilization of services offered by TISCs established in India. The scheme would also help individual innovators/creators and educational institutes and them in protecting and commercializing their IP in India and abroad by giving them access to high quality IP services and resources.
Eligibility:-
Any startup with certificate of Recognition given by DPIIT, any Indian innovator/creator/Educational Institution who files an IP application (a patent/design/trademark) through any TISC established in India and facilitated by a facilitator are eligible under SIIP provided they give a self declaration that they have not availed funds under any other Government scheme for the purpose of paying the facilitator or the Patent or Trademark agent for filing and prosecuting their IP application. Startups Covered under SIPP are exempted from obtaining certificate of an eligible business. Any eligible Indian applicant filing an International patent application as Receiving Office India (RO/IN) or International Bureau, WIPO (RO/IB), electing India as International Search Authority (ISA) is also eligible.
Empanelment of Facilitators: -
The Controller General of Patents, Designs and Trademarks (CGPDTM) shall empanel facilitators for the effective implementation of SIPP The CGPDTM shall regulate conduct and functions of empanelled facilitators from time to time. In case any startup complains about a facilitator or in case a facilitator refuses to provide services to the startup or does not conduct himself/herself in an appropriate manner, the CGPDTM is authorized to remove such facilitator from the panel without notice.
Who can be a Facilitator: -
Any Trademark or Patent agent registered with the CGPDTM, any Advocate enitled to practice law as per the rules laid down by Bar council of India from time to time, and who is well versed with the provisions of the relevant Acts and Rules, and is actively involved in filing and disposal of applications for trademarks can be a Facilitator. A government department organization/agency or CPSU (like TIFAC, NRDC, BIRAC, MeitY, CSIR, Patent Information Centres (PICs) through an authorized representative and Technology and Innovation Centres (TISCs) in accordance with DPIIT rules is also eligible as a Facilitator.
Functions and duties of Facilitators : -
Facilitators will be responsible for providing General advisory on various Intellectual Property Rights, information on protecting and promoting IPRs in other countries, full assistance right from filing till disposal of IP applications related to Patents, Trademarks and Designs under relevant Acts at National IP offices under the CGPDTM and providing assistance in filing of an international patent application by an eligible applicant filed before Receiving Office, India (RO/IN) or International Bureau, WIPO (RO/IB), electing India as International Search Authority (ISA) or any other functions as may be decided by CGPDTM.
Drafting provisional & complete patent specifications and an ISA patent application for inventions, providing assistance in filing to disposal of International Trade Mark application originating from India under the Madrid protocol, Preparing and filing responses to search and examination reports and other queries, notices or letters by the IP office, India or WIPO, appearing on behalf of an eligible applicant at hearings as may be scheduled, contesting opposition, if any, by other parties and ensuring final disposal of the IPR application.
Fees of Facilitators
The fee structure applicable to the empanelled facilitators for any number of patents, trademarks or Designs that may be applied for by an eligible applicant will be as follows : -
|
Stage of Payment
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Patent
|
Trademark
|
Design
|
|
At the time of Filing of Application
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15000/-
|
3000/-
|
3000/-
|
|
At the time of final Disposal of applications
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Without Opposition
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25000/-
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5000/-
|
5000/-
|
|
With Opposition
|
35000/-
|
10000/-
|
10000/-
|
The facilitator shall not charge anything from the eligible applicant. The Central government, through the office of the CGPDTM shall pay the fees to the facilitator and the same will be disbursed by the respective IP office.
Statutory Fees
Eligible applicant will bear the cost of the statutory fees payable for each Patent, Trademark or Design applied for, the cost of PCT fees including transmittal fee, international filing fees, Search fees etc in case of an ISA application for a Patent and the cost of fees and payments under the Madrid system in case of an International Trade Mark application.
Ownership of IPR
The eligible applicant shall have full rights on the IP generated. The scheme shall in no way transfer, either wholly or partially, ownership rights on the IPR created to the facilitator or the government.
Source: http://ipindia.gov.in/writereaddata/Portal/News/885_1_approved_SIPP_scheme.pdf |
