Schemes, Policies And Programmes For Patent Facilitation

INTRODUCTION

With the advent of intellectual property regime in India, Central Government and State Government both have initiated the schemes, policies and programmes for increasing awareness for the Intellectual Property Rights (IPRs) and extend assistance to the educational institutions, government organizations, start-upsetc in protecting their intellectual property work across the country. Some of these schemes and programmeswork with the assistance of professional IP practitioners who are empaneled in respective departments, programme or schemes while others provide monetary assistance to start-ups, inventors, institutions etc.

CENTRAL GOVERNMENT SCHEMES AND PROGRAMMES

1. Scheme for Facilitating Start-Ups Intellectual Property Protection

The central government brought a Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP) with a vision to protect and promote intellectual property rights of start-ups and thus encourage innovation and creativity among them. SIPP is envisaged to facilitate protection of Patents, Trademarks and Designs of innovative and interested start-ups.

Under this scheme start-ups do not have to pay fee to the registered facilitator for the facilitation, it will be reimbursed by the central governmentthrough CGPDTM by respective IP offices according to fees schedulein SIPP scheme upon submission of claim after filing of application as per the guidelines. The statutory fees have to be borne by the start-up itself. The fees fixed by the scheme to be paid to the registered facilitator is as follows[1]:

Stage of Payment Patent Trademark Design
At the time of filing of Application Rs 10,000 Rs 2,000 Rs 2,000
At the time of final disposal of Application (Without Opposition) Rs 10,000 Rs 2,000 Rs 2,000
At the time of final disposal of Application (With Opposition) Rs 15,000 Rs 4,000 Rs 4,000

2.Patent Facilitation Programme (TIFAC)

TIFAC is autonomous organization under Department of Science & Technology mandated to access the state-of-art technology and to formulate a technology vision for development of technology in emerging technological areas in India.  

Patent Facilitation Programme (PFP) of Department of Science and Technology has established Patent Facilitating Cell (PFC) at TIFAC with an aim to create awareness and training programme on IPR in the country, to extend assistance on protecting IPRs to the inventors from Govt. organizations, Central and State Universities,evolving policies at the national level and providing technical input to the government on IPR related issues.[2]

The patent and IP applications are drafted and filed through IP firms on the panel of TIFAC and the cost for these filings is borne by Department.

3. Intellectual Property Facilitation Centre (NRDC)

National Research Development Council(NRDC) was established by Government of India with primary objective to promote, develop and commercialize the technologies, inventions, patents, processes emanating from various R&D institutions or universities and is presently working under Department of Scientific & Industrial Research.

Intellectual Property Facilitation Centre (IPFC) at NRDC is a joint initiative of NRDC and MoMSME which aims to promote awareness among entrepreneurs and MSMEs in India, they organize training programmes on IPR and provide services in assistance and guidance in registration of Copyright, Design, Trademark, Patents and GIs.

For Patents, they provide pre-filing services, prior art search, patent filing support with provisional specification and support for further proceedings and post grant.[3]

Application for patent can be done on the official website of NRDC[4]

4.Biotechnology  Patent Facilitation Cell ( Department of Biotechnology)

Department of Biotechnology works under Ministry of Science & Technology and  provides services in the areas of research, infrastructure, generation of human resource, popularization of biotechnology, promotion of biotech industries, establishing centers of excellence.

Department of Biotechnology established Biotechnology  Patent Facilitation Cell (BPFC)  with an aim to provide awareness cum facilitation mechanism to create awareness about IPRs among scientists and researchers.

As per the policy of DBT, all patent applications shall be filed in the name of DBT and host institution and it not have any financial or commercial interests in the patent[5].

The application form for patent is given on the official website[6]

5. DeitY

Ministry of electronics & Information Technology has a vision to promote e-governance, promote inclusive and sustainable growth of electronics, IT &ITeS industries, promoting R&D and innovation, enhancing efficiency through digital services and ensuring a secure cyber space. 

IPR division of DeitY (Department of electronics and information technology) under Ministry of Electronics & Information Technology(MeitY) provides facilitation support to file patents of

  • DeitY employees
  • DeitY societies or autonomous bodies namely CCA, C-DAC, ICERT, C-MET, CAT, ERNET, ESC, Media Lab Asia, NIC, NIELIT, NIXI,.in Registry, SAMEER, STPI, STQC and SICLDR.
  • IPR generated by the grantee institutions under DeitY funded R&D projects.[7]

 Request for patent facilitation can be  made through the form.[8]

6.SIP-EIT Support for International Patent Protection in E&IT (MeitY)

This scheme is initiated by DeitY for providing financial support to startups and MSMEs to strengthen their competitiveness through innovation and its protection on the global level. Its salient features are

  • Providing financial support for international filing in Information Communication Technologies and Electronics sector. Reimbursement upto maximum of Rs15  lakhs per invention or 50% of the expenses incurred in filing patent, whichever is less.
  • Applicant can apply for support at any stage of international patent filing.[9]

7. Intellectual Property Facilitation Centre (Department of Defence Production)

Department of Defence Production(DDP) was set up with an objective of developing a comprehensive production infrastructure to produce weapons, systems, platforms, equipment required for defence.

IPFC was created to provide

  • general advisory about IPRs, 
  • provide services as IP protection, IP awareness & training, counselling and advisory services
  • provide services for patent searches, patent drafting, patent prosecution, facilitationin commercialization of inventions etc
  • to identify a panel of professional IP attorney/ Ip consultants and fix a fee structure for consulting them for professional services.[10]

8.Patent Assistance Funding Scheme (BIRAC)

Biotechnology Industry Research Assistance Council(BIRAC) is not-for-profit public sector enterprise set up by Department of Biotechnology as an interface agency to strengthen and empower Biotech enterprise to undertake strategic research and innovation.

Patent Assistance Funding Scheme was started to step up efforts to engage Biotech entrepreneurial ecosystem and to provide assistance for Intellectual Property protection. BIRAC offers to provide IP and technology management services to SME’s, Start ups, academia and Indian Biotech Industry.

BIRAC empaneled technically competent, experienced and financially sound IP & technology transfer firms who could provide assistance for Patent search, filing and drafting.[11]

9. Patenting & Technology Transfer for Harnessing Innovations (BIRAC)

This scheme was launched by BIRAC to promote the innovation ecosystem in India and also to enable the commercialization of technology, it offer IP and Technology Management Services to Startups, SME’s and academia. This program is for all the grantees funded by BIRAC, it offers

  • Patent searches
  • Patent Drafting, filing and prosecution
  • Patent/technology landscaping
  • Technology management

Re-imbursement for expenses towards IP expenses shall be decided by the IP & Technology Management Advisory Committee and shall be permissible as per the rate approved by BIRAC for different IP related services

BIRAC will not have any ownership in the filed patents, it will be in the name of host institution/company but there will be benefit sharing on commercialization of the product.[12]

10. Intellectual Property Facilitation Centre (FICCI)

FICCI is a non- government and not-for-profit organization. It articulates the views and concerns of industry and provides a platform for networking and consensus building within and across sectors.

FICCI in association with Ministry of Micro, Small and Medium Enterprise established Intellectual Property Facilitation Centre (IPFC)  with an objective to promote awareness and adoption of Intellectual Property Rights among MSMEs, individual entrepreneurs, startups and industry.

FICCI IPFC services include

  • General advisory on all type of intellectual properties
  • Prior art search, patentability search, Freedom to operate search, invalidity search, patent drafting
  • Trademark search, filing, prosecution, renewals, opposition and analysis
  • Copyright registration services
  • Registration of GI
  • IP commercialization and tech transfer.[13]

11. Building Awareness on Intellectual Property Rights (MSME)

It is one of the components of National Manufacturing Competitiveness Programme(NMCP), its objective is to enhance awareness of MSME about IPRs to take measure for the protecting their ideas and business strategies. This program is only for MSMEs.

Maximum Grant for assistance for grant on Patent registration

  • Domestic Patent- Rs 1 lakh
  • Foreign Patent- Rs 5 lakh[14]

Patent reimbursement can be claimed by MSMEs by registering through [15]

12. IPR Facilitation Services (CII)

CII is a non-government, not-for-profit, industry-led and industry-managed organization, playing a proactive role in India’s development process.The Confederation of Indian Industry (CII) works to create and sustain an environment conducive to the development of India, partnering industry, Government, and civil society, through advisory and consultative processes.

It emphasizes on creating & promoting an effective Intellectual Property Ecosystem in the State through Conferences, Training Programs and providing Counseling, Advisory & Facilitation services including drafting, filing and prosecution of Patents, Trademarks, Industrial Designs, Copyrights, Geographical Indications, and other related services for MSMEs. Services provided are

  • IPR advisory services
  • IP protection facilitation
  • IP management services
  • IP audit for various organizations[16]

Reimbursement for patent, Trade mark and GI can be claimed through official website of MSME[17]

STATE GOVERNMENT SCHEMES

ANDHRA PRADESH

Technology &Innovation Support Centre(TISC)

TISC is established by World Intellectual Property Organization (WIPO) with the support of Department of Industrial Policy & Promotion(DIPP). The services provided by TISC to innovators and startups of region are

  • Filing of Patents, Designs, Trademarks and Copyrights.
  • Facilitating access to International standard IP facilities to innovators.
  • IP commercialization, technology transfer & licensing.

IPFC- Vishakhapatnam is the facilitation centre in the state of Andhra Pradesh which is also the centre for TISC.[18]

Andhra Pradesh Innovation Society

Andhra Pradesh Innovation Society is a dedicated agency within ITE&C department  of the state exclusively overseeing the implementation of the innovation and start up policy with a vision to create a world class technology start-up ecosystem by fostering entrepreneurship a culture of innovation which contributes to increased knowledge, wealth and employment in our society.

In association with National Research Development Corporation (NRDC), this society facilitated an Intellectual Property Facilitation Center to help start-ups, MSMEs, industrial and academia across the state. Services offered are patent filing, copyright, trademark registration, technology transfer and commercialization, IPR awareness programs, global patent search.[19]

ASSAM

Patent Information Centre at Guwahati was set up in collaboration with TIFAC to provide guidance to the innovators in respect of getting their Intellectual Property Rights. The assistance for IPRs is given according to the rules of TIFAC.[20]

Assam Start up Policy 2017

Objective of the policy is to facilitate the growth of 1000 new startups over next 5years to create 1 lakh direct and indirect employment opportunities and to create a culture of entrepreneurship in Assam by promoting and empowering the youth to pursue their entrepreneurial dreams. 

The Government shall reimburse 100% of the actual costs( including filing fees, attorney fees, search fees, maintenance fees)with a maximum limit of Rs 1 lakh for filing a domestic patent and up to Rs 5 lakh for filing an international patent. This reimbursement shall be payable 75% after the patent is filed and the balance 25% after the patent has been granted.[21]

BIHAR

Bihar Start-Up policy, 2017

Objective of this policy is to provide appropriate institutional support to enable the nurturing of startups and create a platform for accessing multiple avenues that provide financial support to encourage investors through incentives to invest in Bihar start-ups

The state will bear all costs associated with the filing of domestic patents and reimburse the filing fees for awarded foreign patents.

Eligibility :- startups have to be certified by the nodal agency.

Application procedure:- register on the startup Bihar portal, get recognized and apply for the benefit through it.[22]

CHHATTISGARH

Patent Information Center

Patent Information Centre has been established with technical and financial support from the Technology Information Forecasting and Assessment Council (TIFAC), Department of Science & Technology, Govt. of India under the aegis of Chhattisgarh Council of Science & Technology with the objective, to create awareness about Intellectual Property .Rights (IPRs) and enable patent searches, to analyze the patent information on a regular basis and suggest new programmes for R&D Institutions & to Guide the inventors in respect of patenting their invention.[23]

GOA

Goa Start-Up policy, 2017

Objective of this policy is to provide assistance to the Goan entrepreneur and local start-ups, create employment and to ensure continuous evolution of policy measures and creations of responsive policy framework for accelerating growth start-up ecosystem.

There will be a reimbursement of 50% of the cost incurred by the start-up concerned in fees and all other costs associated with patent application, if the patent is registered successfully subject to a cap of Rs 2 lacs for national patents and Rs5 lakh for international patents.[24]

GUJRAT

Intellectual Property Facilitation Centre

To create awareness of Intellectual Property Rights (IPRs) and to facilitate the IPR registration for MSMES, Intellectual Property Facilitation Center (IPFC) has been setup at Patent Information Centre GUJCOST, in collaboration with Ministry of MSME under the National Manufacturing Competitiveness programme (NMCP), scheme of MSME, GOI[25].

PatentInformation Centre

Patent Information Centre (PIC), Gujarat has been set up under Gujarat Council on Science and Technology at Gandhinagar in collaboration with Patent Facilitation Centre, Technology Information, For ecasting& Assessment Council (TIFAC), Department of Science and Technology, Government of India, New Delhi This centre is providing regional level services regarding various Intellectual Property Rights. Patent Information Centre in collaboration with TIF AC is facilitating for the patent search and Patent registration for the Academic and Research Institutes[26]

Startup Policy 2016-21

The objective of this policy is to create a vibrant startup culture where in ideas materialize into products, entrepreneur mentored, to establish incubators and facilitate startups.   

Reimbursement will be provided to eligible startups at the rate of 75% of cost of obtaining patent subject to ceiling of Rs. 2 Lakhs per patent for domestic patent and Rs 5 lakh per patent for international patent, fees paid to patent attorney and patent service centre will be considered eligible expenditure towards cost of computing assistance. Total quantum of assistance for obtaining such patent shall be limited to Rs 10 lakh for international and Rs 4 Lakh for domestic patents per startup.[27]

HARYANA

Haryana Entrepreneur and Startup Policy, 2017

Objective of this policy is to attract investments into the incubation and startup ecosystem, build incubation center across state and aligning Haryana with the ‘Startup India’ flagship initiative of Govt. of India.

Cost reimbursement for max 3 Patent/Quality certification per Unit up to a limit of INR 2 lakh for domestic & INR 5 lakh for International Patent/Quality certification upon successfully receiving them.[28]

Patent Information Centre

Patent Information Centre had been set up as a joint project of Department of Science & Technology and Haryana State Council for Science & Technology to boost the growth of IPRs for the economic benefit of the state. The assistance to intellectual property rights is given  in accordance to the Patent Facilitation Cell of TIFAC.[29]

HIMACHAL PRADESH

 Patent Information Centre

Objective of Himachal Pradesh Patent Information Centre is to create awareness about IPRs in the state, enable patent searches, to facilitate universities, industry and government departments for patent filing and searches, GI registration, Copyrights, Industrial Design etc.

Himachal Pradesh Council for Science, Technology & Environment, Shimla continues the activity of Patent Information Centre (PIC) in the state of Himachal Pradesh at Shimla with technical and financial support from Department of Science & Technology, New Delhi/PFC, TIFAC.[30]

JHARKHAND

Jharkhand Startup Policy, 2016

Objective of this policy is to create a conducive and enabling ecosystem to facilitate the growth and scaling of startups, create fund of funds by public private partnership to promote startups in the state and to facilitate the development of atleast 100 innovative technology startups.

The State Government will fully reimburse the costs incurred by Startups while filing domestic or international patents[31]

KARNATAKA

Karnataka Startup Policy 2015-2020

The goal of this policy is to stimulate the growth of technology based startups including product startups, creation of direct and indirect employment and mobilize funding for investment in startups.

For Domestic Patents: The cost of filing and prosecution of patent application will be reimbursed to incubated startup companies upto a limit of Rs. 2 lakh per Indian patent awarded

For Foreign Patents: For foreign patents on a single subject matter, upto Rs. 10 lakh (Rs. 1 Million) will be reimbursed to incubated startups

The reimbursement will be done in 2 stages – 75% after the patent is filed and the balance 25% after the patent is granted.[32]

Patent Information Centre  was set up in collaboration with TIFAC of Department of Science and Technology to provide guidance to the innovators in respect of getting their Intellectual Property Rights. The assistance for IPRs is given according to the rules of TIFAC.[33]

Intellectual Property Facilitation Centre

IPFC at Mysore was established by Confederation of Indian Industry in association with MoMSME with an objective to boost IP culture in the state. The services provided are

  • IP training and awareness
  • IP protection facilitation services
  • IP management services

KERALA

Kerala Startup Mission

Government of Kerala initiated the startup movement through Kerala Startup Mission by forging and implementing forward-looking policies for creating a vibrant start up ecosystem in the state primarily to foster the growth of innovation lead technology entrepreneurship. To promote the  technology based entrepreneurship activities, create infrastructure and environment to promote entrepreneurial activites.[34]

Government of Kerala as part of encouraging startups for obtaining Patents has devised a scheme for reimbursing patent registration charges for startups.

Offerings:

  • Upto Rs 2 Lakh reimbursement for India Patent
  • Upto Rs 10 Lakh reimbursement for US Patent[35]

Patent Information Centre  was set up in collaboration with TIFAC of Department of Science and Technology to provide guidance to the innovators in respect of getting their Intellectual Property Rights. The assistance for IPRs is given according to the rules of TIFAC.

MADHYA PRADESH

MP Incubation and Startup Policy 2016

Objective of this policy is to strengthen the startup culture in Madhya Pradesh, to promote and develop employment opportunities for the youth, encourage and inspire youth to develop innovative ideas.  

Cost reimbursement for patent per unit up to a limit of Rs. 2 lakhs for domestic & Rs. 5 lakhs for international patent upon successfully receiving them. It can be availed by Entrepreneurs/startups running in the incubators need to be registered as company or under MSME Act, Govt of India before availing incentives.[36]

Intellectual Property Facilitation Centre

Ministry of MSMEs has set up Intellectual Property Facilitation Center (IPFC) for MSME at Patent Information Center (PIC), M.P. Council of Science & Technology Bhopal under National Manufacturing Competitiveness Program (NMCP). The IP Facilitation Centre exclusively for MSME sector will facilitate the filing of Patents, Designs, Trademarks, Copyrights, Geographical Indications etc. from the MSME sector.

MAHARASHTRA

Maharashtra Startup Policy 2018

Objective of this policy is to provide a platform and nurture entrepreneurial aspect among the citizens of Maharashtra, empowering start ups and create employment opportunities.

Special one-time incentive of Rs. 5,000 per candidate subject to an upper limit of Rs. 1 lakh per startup for a period of 3 years GoM will ensure that these start-ups sustain by providing assistance in filing of Patents, Trademarks and Designs. Both technical and financial assistance will be provided to the Start-ups to withstand in this competitive world. Start-ups shall be provided with an 80% rebate in patent filing costs up to INR 2 lakhs for Indian patents and up to INR 10 lakhs for international patents. Compensation will be provided in three stages: during Filing, Prosecution and Award.[37]

Maharashtra  State Innovation Society (MSInS)

Maharashtra State Innovation Society has been established under Department of skill development and Entrepreneurship, Government of Maharashtra with an objective to foster innovative promotion  platform to academics, entrepreneur, researchers and  Government. MSInS is state level nodal agency for implementing and monitoring the Maharashtra State Innovative Startup Policy 2018.

Compensation/Reimbursement is provided in 2 ways:

  1. Utilization of IPR services through empanelment facilitators.
  2. Through Reimbursement
  3. Post Filing
  4. Post Grant

ODISHA

Odisha Startup Policy 2016

Objective of this policy is to create enabling environment and supporting eco-system that facilitates startups and to create a strong institutional framework for effective implementation, monitoring and evaluation of this initiatives.

Startups will be reimbursed 100% of the patent registration cost up to maximum of Rs.10 Lakhs[38]

Patent Information Centre

Patent Information Centre (PIC) has been set up under State Council on Science & Technology, Science & Technology Department, Government of Odisha, Bhubaneswar in collaboration with the Patent Facilitating Centre (PFC), Technology Information, Forecasting and Assessment Council (TIFAC), Department of Science & Technology (DST).

Its objective is to create awareness among the people on IPR,  provide technical and legal assistance in filing of patent and technical support for filing of Geographic Indications(GI) and to clear queries of IPR.[39]

PUNJAB

Technology &Innovation Support Centre(TISC)

TISC is established by World Intellectual Property Organization (WIPO) with the support of Department of Industrial Policy & Promotion(DIPP). The services provided by TISC to innovators and startups of region are

  • Filing of Patents, Designs, Trademarks and Copyrights.
  • Facilitating access to International standard IP facilities to innovators.
  • IP commercialization, technology transfer & licensing.[40]

RAJASTHAN

Patent Information Centre was set up in collaboration with Technology Information Forecasting and Assessment Council (TIFAC), DST – Govt. of India. Services provided by it are

  • patent searches,
  • creating awareness on IPR,
  • Analysis of Patent Information
  • IPR training

Patent Information Centre works in accordance with rules of TIFAC.[41]

SIKKIM

Patent Information Centre

The objective of Patent Information Centre is to create awareness about Intellectual Property Rights (IPR), especially Patents, Geographical Indication (GI),etc. To facilitate filing and searches of related IPR to the universities, industry, government departments & R&D institutions.[42]

TAMIL NADU

Patent Information Centre

[43]Patent Information Centre (PIC), Tamil Nadu has been set up under the aegis of Council of Science & Technology, Tamil Nadu in collaboration with Patent Facilitating Cell, Technology Information, Forecasting & Assessment Council (TIFAC), Department of Science & Technology, Government of India, New Delhi to provide regional level services regarding patents. Scientists, technologists, researchers, innovators, R&D establishments, financial institutions, business entrepreneurs, non-government organizations (NGOs) and individuals are eligible to utilize the facilities of Patent Information Centre (PIC).

Tamil Nadu Technology Development & Promotion Centre (CII) 

[44]TNTDPC renders support to the Micro, Small & Medium Enterprises, Academia, Entrepreneurs and individual innovators in Tamil Nadu and assist them to reach out in global market through effective IPR protection. The centre provides services relating to patent search, drafting and filing of patents, prosecution, replies to FER & office actions, filing and prosecution of Design Trade Mark, Copyright and IP management services.

TELANGANA

Telangana Innovation Policy 2016

The aim of innovation policy is to build up positive response to the launch of T-Hub (innovation ecosystem of Telangana) with its focus on Information Technology, Health Technology, Sustainability, Fin tech etc.

The cost of filing and prosecution of patent application will bereimbursed to the incubated startup companies subject to a limit of Rs. 2 lakh (0.2 million) per Indian patent awarded. For awarded foreign patents on a single subject matter, upto Rs. 10 lakh (1 Million) would be reimbursed. The reimbursement will be done in 2 stages, i.e., 50% after the patent is filed and the balance 50% after the patent is granted. The only eligibility criteria is that the start up must be incorporated in Telangana.[45]

UTTAR PRADESH

Intellectual Property Facilitation Centre for MSMEs

Intellectual Property Facilitation Centre (IPFC) at NRDC is a joint initiative of NRDC and MoMSME which aims to promote awareness among entrepreneurs and MSMEs in India, they organize training programmes on IPR and provide technical support  in facilitating IP rights protections through Patent Facilitating Centre, TIFAC.[46]

UTTARAKHAND

Uttarakhand State Start-up Policy-2018

MSME department of the state is responsible for implementation of this policy and its functions are to prepare guidelines, setup mechanism and process for startups, incubators, service providers etc and to enable a conducive startups ecosystem in the state.

Start-Ups will be eligible for reimbursement of up to 100% of actual cost of Patent fees (including filing fees, Attorney Fees, research fees, maintenance fees). Reimbursement of up to Rs 1 lakh for Indian Patent and up to 5 lakh for international patent will be payable. 75% of the reimbursement will be payable at the time of filing of application and 25% reimbursement at the time of prosecution.[47]

All aspects of protection and registration of Intellectual Property Rights including technology commercialization is being facilitated by the Patent information center.

WEST BENGAL

Patent Information Centre was set up in collaboration with Technology Information Forecasting and Assessment Council (TIFAC), DST – Govt. of India. Services provided by it are

  • patent searches,
  • creating awareness on IPR,
  • guiding inventors in patenting their invention[48]

PIC works in accordance to rules and with assistance of TIFAC.

About the Author:  Shantanu Mishra a 3rd year  student, Law Centre-II, Faculty of Law, University of Delhi, intern at Khurana & Khurana Advocates & IP Attorneys. In case of any queries please contact/write back to us at aishani@khuranaandkhurana.com

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