The Ministry of Commerce and Industry declares that Scheme for Intellectual Property (IP) protection was revised to upgrade the professional charges of the facilitators. The IP facilitator charges have increased by almost 50% for patent filing under the Startups Intellectual Property Protection (SIPP) scheme.
To protect and promote the Intellectual Property Rights (IPR) of Startups and to encourage innovation and creativity among them, the Government of India launched a Scheme for facilitating startups' Intellectual Property Protection (SIPP) in 2016.
The scheme facilitated startups in filing and processing of their patent, design or trademark application through the assistance of IP Facilitators, whose fee was borne by the Office of the Controller General of Patents Designs and Trademarks, Department for Promotion of Industry and Internal Trade, Government of India.
The revised scheme is applicable from 02 November 2022 and revised fees structure vis-à-vis the old scheme is as under:
Stage of Payment | Patents | Trademarks | Designs |
FEE (in INR) | 2016 | 2022 | 2016 | 2022 | 2016 | 2022 |
At the time of filing of Application | 10,000 | 15,000 | 2,000 | 3,000 | 2,000 | 3,000 |
At the time of final disposal of Applications | Without Opposition | 10,000 | 25,000 | 2,000 | 5000 | 2,000 | 5,000 |
With Opposition | 15,000 | 35,000 | 4,000 | 10000 | 4,000 | 10,000 |
In addition to the above scheme, IP filling by startups is also encouraged by providing fee rebates under respective IP legislations. Startups are provided with an 80 per cent fee rebate in filing patent applications and a 50 per cent fee rebate in filing trademark applications. In addition, there are also provisions for fast-track examination of patent applications.
Resultantly, there has been a significant increase in IP activities by Startups in the last 6 years such as Patent applications filed by Startups have increased from 179 in 2016-17 to 1500 in 2021-22; Trade Mark applications filed by Startups have increased from 4 in 2016-17 to 8649 in 2021-22; From 2016-17 to October 2022, 7430 patent applications and 28749 Trademark applications have been filed by Startups.
As on 30 September 2022, INR 380.81 Lakhs have been disbursed as fees to the facilitators assisting the Startups in IP fillings. The revised fee structure will further augment the filing of IP applications by the Startups through the assistance of IP facilitators offering effective and quality service.