The "Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP)” was launched in 2016 by Department for Promotion of Industry and Internal Trade (DPIIT) under the Startup India Initiative by Government of India.
The Scheme was launched to encourage and facilitate IPR protection by Startups and the same has been extended up to March, 2023. The main aim of the scheme is to promote registration of patents, designs and trademarks. Under this scheme, CGPTDM empaneled facilitators are provided for filing and processing of applications. The CGPTDM further reimburses the professional charges of these facilitators.
In 2016, the scheme was updated wherein start-ups where no longer needed to obtain certificate of eligibility from Inter-Ministerial Board of Certification. This year, the scheme was updated by increasing the facilitations fees which was made applicable from 2nd November, 2022. The revised fees structure has been given below:
The following persons can be a Facilitator under this scheme:
Any Patent Agent registered with the CGPDTM.
Any Trademark Agent registered with the CGPDTM.
Any Advocate as defined under The Advocates Act, 1961 who is entitled to practice law as per the rules laid down by Bar Council of India from time to time, who is well-versed with the provisions of the relevant Acts and Rules, and is actively involved in filing and disposal of applications for patents, trademarks and designs.
Government department/ organization/ agency like TIFAC, BIRAC, NRDC etc.
The Facilitators are responsible for the following functions under this scheme:
Providing pro bono general advisory on different intellectual property on pro bono basis
Providing information on protecting and promoting IPRs to startups in other countries on pro bono basis
Providing assistance in filing and disposal of the IP applications related to patents, trademarks and Design under relevant Acts at the national IP offices under the CGPDTM
Drafting provisional/complete patent specifications for inventions of start-ups
Preparing and filing responses to examination reports and other queries, notices or letters by the IP office
Appearing on behalf of start-up at hearings, as may be scheduled,
Contesting opposition, if any, by other parties, and
Ensuring final disposal of the IPR application
In addition to the above, startups are provided 80% fee rebate in filing patent applications and 50% fee rebate in filling trademark applications. Consequently, there has been a significant increase in the IPR filings by startups in the last six years. The same has been tabulated below:
This article is part of a collaboration between Bar & Bench and Fidus Law Chambers to bring you the latest developments and insights into the issues surrounding Intellectual Property Rights and Information Technology laws and policies.