Startups Intellectual Property Protection Scheme

The Startup India Action Plan 2016 envisaged promoting intellectual property registrations amongst startups through the Scheme for Facilitating Startups Intellectual Property Protection. Intellectual property rights are an important asset for startups and it is important to protect such assets with proper registration, as early as possible to boost valuation and provide an early competitive advantage. Following the announcement of the Startup India Action Plan, the Controller General of Patents Designs and Trademarks has released details about the Startup Intellectual Property Protection Scheme as follows:

Objective

The objective of the scheme for Facilitating Startups Intellectual Property Protection is to promote awareness and adoption of Intellectual Property Rights amongst startups. The scheme was designed to help nurture and mentor innovative and emerging technologies and assist them in protecting and commercializing it by providing them with access to intellectual property services and resources.

Startup Eligible for the Scheme

Startups that are certified by the Startup Certification Board as having an innovative business are eligible for the scheme. Click here for more information about Startups Eligible for the Startup India scheme.

Intellectual Property Facilitators

To help startups get advice and services related to intellectual property filing and registration, the scheme provides for empanelment of facilitators by the Controller General of Patent, Trademark and Design. The Facilitator will provide the following intellectual property services to the startup:

Providing general advisory on different intellectual property rights to startups 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;
Drafting complete/provisional specifications for inventions of startups;
Preparing and filing responses to examination reports and other queries, notices or letters by the IP office;
Appearing on behalf of the startup at hearings as may be scheduled;
Contesting opposition, if any, by other parties, and
Ensuring final disposal of the IPR application.

Fee For Intellectual Property Facilitators

The professional fee for intellectual property service rendered by empanelled facilitators for any number of patents, trademarks or designs that may be applied for by an eligible startup would be borne by the Government. The startup will only be liable to bear the cost of the statutory fee payable for each patent, trademark or design applied for in India or abroad. The following fee structure is payable to the intellectual property facilitator by the Controller General of Patent, Trademark and Design:

Professional Fee Payable for Patent Registration

Patent application filing: Rs.10,000/- At the time of disposal of patent application without opposition: Rs.10,000/- At the time of disposal of patent application with opposition: Rs.15,000/-

Professional Fee Payable for Trademark Registration

Trademark application filing: Rs.5,000/- At the time of disposal of patent application without opposition: Rs.2,000/- At the time of disposal of patent application with opposition: Rs.5,000/-

Professional Fee Payable for Design Registration

Design application filing: Rs.2,000/- At the time of disposal of patent application without opposition: Rs.2,000/- At the time of disposal of patent application with opposition: Rs.4,000/-

The scheme for Startups Intellectual Property Protection is set to initially run on a pilot basis for a period of one year from the launch of Startup India. Based on the experience, the scheme could be extended further.