In today’s fiercely competitive business landscape, Intellectual Property Rights (IPRs) have emerged as an indispensable tool for startups to enhance their goodwill and reputation in the markets. Startups often face resource and manpower constraints to help their businesses grow rapidly. So, using intellectual properties like trademarks, patents, and designs help them protect and convey their brand value quickly to potential customers. Startups Intellectual Property Protection Scheme or SIPP is basically an initiative of the Indian Government to spread awareness about the benefits of Intellectual Property protection to startups and facilitate them to obtain the same via prescribed legal procedures like intellectual property registrations.
What is the Startups Intellectual Property Protection Scheme (SIPP)?
Vision of the SIPP Scheme
Objective of the SIPP Scheme
Who is Eligible for Intellectual Property Protection under SIPP Scheme?
- Recognized Startups: Any startup officially recognized by the DPIIT as per the notification GSR 127(E) published in the Gazette of India on 19th February 2019, and its subsequent amendments shall be eligible to avail the benefits of this scheme. The Recognition can be verified through a Certificate issued by the Department, the credentials of which can be checked on the Startup India Web Portal. Previously, along with this Recognition Certificate, eligible Startups were also required to obtain a Certificate from the Inter-ministerial board. However, this requirement has been removed as per the latest changes. Though startups must provide a self-declaration stating that they haven’t availed funds from any other Government scheme for remunerating facilitators, patent agents, or trademark agents for filing and prosecuting their IP applications.
- Indian Innovators/Creators: Indian individuals who are innovators or creators and have filed an application to protect their intellectual properties (patent/design/trademark) through any Technology and Innovation Support Center (TISC) established in India, and are facilitated by a facilitator shall be eligible to obtain the benefits of the scheme. Similar to recognized startups, innovators and creators must furnish a self-declaration affirming that they haven’t received funds from any other Government scheme to pay facilitators, patent agents, or trademark agents for filing and prosecuting their IP applications.
- Indian Educational Institutes: Indian educational institutes established by the Government or an act of the state, or wholly / substantially funded by the Government are eligible to file an IP application (patent/design/trademark) through any TISC established under the scheme. However, the concerned institute must also submit a self-declaration stating that they haven’t availed funds from any other Government scheme to compensate facilitators, patent agents, or trademark agents for filing and prosecuting their IP applications.
- Eligible Indian Applicants for International Patents: Indian applicants filing an international patent application as Receiving Office, India (RO/IN), or International Bureau, WIPO (RO/IB), and selecting India as the International Search Authority (ISA) are also eligible to avail the benefits of the SIPP Scheme.
A Recognized Startup under the Scheme is a registered entity, not more than 10 years old since its incorporation, with turnover in any of these 10 years not exceeding Rs.100 crores. Additionally, the entity must deal in innovative products or processes with the primary goal of wealth creation. Also, it must be an original entity and not formed by reconstruction of an existing entity.
Appointment of Facilitators under the SIPP Scheme
Eligibility Criterias for a Facilitator
- Any patent agent registered with CGPDTM
- Any trademark agent registered with CGPDTM
- Government organizations/ agencies/ departments like TIFAC, BIRAC, NRDC, DEITY, etc.
- Any advocate as defined under The Advocates Act, 1961 who is entitled to practice law as per the rules laid down by Bar Council of India from time to time, who is well versed with the provisions of the relevant Acts and Rules, and is actively involved in filing and disposal of applications for patents, trademarks and designs.
Functions of Facilitators
- Providing general advisory on different intellectual property rights
- Providing information on protecting and promoting IPRs in other countries
- Providing assistance in filing to disposal of the IP applications related to patents, trademarks and designs under relevant Acts at the national IP offices under the CGPDTM
- Providing assistance in filing of an international patent application by an eligible applicant filed before Receiving Office, India (RO/IN) or International Bureau, WIPO (RO/IB), electing India as International Search Authority (ISA)
- Drafting provisional & complete patent specifications and an ISA patent application for inventions
- Providing assistance in filing to disposal of International Trade Mark application originating from India under the Madrid Protocol
- Preparing and filing responses to search & examination reports and other queries, notices or letters by the IP office, India or WIPO
- Appearing on behalf of an eligible applicant at hearings, as may be scheduled
- Contesting opposition, if any, by other parties
- Ensuring final disposal of the IPR application.
Fees for Facilitators
|Stage of Payment
At the time of filing
At the time of final disposal (Without Opposition)
At the time of final disposal (With Opposition)