Tuesday, January 26, 2016

Legal Support & Patent Support for Startup India : Here is Objective & Details

What i is the Objective  about Legal Support for Startup India?
To  promote awareness  and adoption of  IPRs  by Startups and facilitate them in protecting and commercializing the  IPRs  by providing access  to  high  quality  Intellectual Property services and resources, including fast track examination of patent applications and rebate in fees.


Intellectual  Property  Rights   (IPR)  are  emerging as  a strategic business tool   for   an business organization to enhance industrial competitiveness. Startups  with limited resources and manpower, can  sustain in this highly competitive world only through continuous growth and development oriented innovations; for this, it is equally crucial that they protect their IPRs. The scheme for Startup Intellectual Property Protection (SIPP)  shall  facilitate filing of  Patents,  Trademarks and Designs by  innovative Startups. Various measures being  taken in this regard include:

  • Fast-tracking of Startup patent applications: The  valuation of any  innovation goes up  immensely, once it gets the protective cover of a patent. To this end,  the patent application of Startups shall be fast-tracked for  examination and disposal, so  that they can  realize the value  of  their  IPRs at the earliest possible.

  • Panel of facilitators to assist in filing of IP applications: For effective implementation of the scheme, a panel of  “facilitators” shall  be empanelled by  the Controller General of  Patents,  Designs and Trademarks (CGPDTM),  who  shall  also   regulate their   conduct and  functions. Facilitators will be responsible for  providing general advisory on different IPRs as also  information on protecting and promoting IPRs in other countries. They  shall also  provide assistance in filing and disposal of the IP applications related to patents, trademarks and designs under relevant Acts, including appearing on behalf of Startups at hearings and contesting opposition, if any, by other parties, till final disposal of the IPR application.

  •  Government to bear  facilitation cost: Under  this  scheme, the Central Government shall  bear the entire fees of the facilitators for any  number of patents, trademarks or designs that a Startup may file, and the Startups shall bear the cost of only the statutory fees payable.

  • Rebate on filing of application: Startups shall be provided an 80% rebate in filing of patents vis-a-vis other companies. This will help  them pare costs in the crucial  formative years.

  • The  scheme is being  launched initially on  a pilot  basis for  1  year; based on  the experience gained, further steps shall be taken.

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