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Patent Laws in India – Startup Intellectual Property Protection – SIPP under Startup India Action Plan

Cost of Patent to Startups in India | Startup Intellectual Property Protection – SIPP under Startup India Action Plan | Understanding Patent Laws in India

Cost of Patent to Startups in India Made Affordable

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Originally published here.

In January 2016, PM of India, Mr. Narendra Modi announced the Startup India Action Plan.

Under the action plan, the government of India has defined “Startups”, introduced a recognition procedure for startups by forming a startup certification board. Startups are also given further relaxation in terms of self-certification for Labour Laws Compliance and relaxed norms of Public Procurement for Startups. The government fees for cost of Patent to Startups in India is less as compared to business entities.

India Introduces Cheaper & Faster Patent Registration for Startups in India

The Action plans also provides provisions for constitution of Inter-Ministerial Board and introduces a new category of white industries. 

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Under Startup India Action Plan, tax exemption is proposed for Startups on Investments above Fair Market Value (FMV). Other proposals include ‘Atal Tinkering Laboratories’ and ‘Atal Incubation Centres’ under Atal Innovation Mission along with a National Initiative on Developing and Harnessing Innovation (NIDHI).

Intellectual Property for Startups & Entrepreneurs in India

Patent protection – PM Modi said patent protection and IP rights are a major concern for Indian startups. The government will make IPR procedure transparent for stratups. Fast track mechanisms of startup patent applications – in order to allow startups to realise the value of their IPRs at the earliest possible. Patent applications of the startups shall be fast tracked for examination and disposal.

The startup action plan also states about providing legal support and fast-tracking patent examination at lower costs for Indian startups as defined under the “Scheme for Facilitating Start-Ups Intellectual Property Protection (SIPP)”, wherein IP facilitators will be provided by the patent and trademark office for filing patents in India and for filing trademarks in India.

The government of India has announced to make IP Protection Strategy available to Startups by promoting awareness and adoption of different forms of Intellectual Property Rights, including Patents, Trademarks, Designs etc. PM Modi’s Startup India Action Plan also introduces steps to provide startups with access to IP Facilitators providing high quality IP services and resources.

Start-Ups certified by Start-up Certification Board can avail these benefits. Certification eligibility requires the startups to having an innovative business and a legal entity incorporated or registered in India not prior to five years with annual turnover not exceeding INR 25 Crores in any preceding financial year. As per Startup India Action Plan, various benefits will be available after obtaining Certificate from Start-up Certification Board.

Indian law firm with patents and trademarks as practice areas can have one or more IP facilitators who are empanelled by the Controller General of Patent, Trademark and Design (CGPDTM), who can either be Patent Agents registered with CGPDTM, or Trademark Agents registered with CGPDTM, or Advocates entitled to practice law under The Advocates Act, 1961. Apart from this, the government departments/ organizations/ agencies like TIFAC, NRDC, BIRAC, DEITY, DSIR can also act as IP facilitators.

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

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About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

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