Trademark and Patent under Startup India
Under Startup India, there is a scheme known as Startup Intellectual Property Protection (SIPP) for protection of Patents, Trademarks and Designs of innovative and interested startups. On 11th July, 2016 they revised the definition of Startups with relation to this scheme. The requirement of certification by Inter-Ministerial Board (IMB) has been deleted from this scheme. Any startup which is recognized as a Startup according to the definition can apply for this scheme. For this scheme, Facilitators in case of Trade Marks are appointed by Trade Marks Registry and in case of Patents by Patent Office. The various things related to facilitators can be understood as follows-
- Who can be a Facilitator?
- Any Patent Agent registered under the Controller General of Patent, Trademarks and Designs.
- Any Trademark Agent registered under the Controller General of Patent, Trademarks and Designs.
- Any advocate as defined under The Advocates Act,1961 who is entitled to practice law as per the rules laid down by the 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.
- Government Departments/organizations/ agencies like TIFAC, NRDC, BIRAC, DEITY, DSIR etc.
2. List of Facilitators
- Go on the website startupindia.gov.in
- Click on the Information Tab, you can see the list of facilitators from the following options-
i. List of facilitators for Trademarks
ii. List of facilitators for Patents
3. What are responsibilities of a facilitator?
- To provide general advisory on different Intellectual Property Rights to startups on pro-bono basis.
- To provide information on protecting and promoting Intellectual Property Rights to startups in other countries on pro-bono basis.
- To provide assistance in filing and disposing the Intellectual Property Applications related to Patents, Trademarks and Design under relevant acts at the National Intellectual Property under the Controller General of Patent, Trademarks and Designs.
- To draft complete provisional specifications for inventions of startups.
- To prepare and file responses to examination reports and other queries, notices or letters by the Intellectual Property office.
- To appear on behalf of startup at hearings as may be scheduled.
- To contest opposition, if any, by other parties
- To ensure final disposition of the Intellectual Property Rights Application.
4. Procedure for payment of fees
- The fees would be paid to the facilitator by the Central Government through the office of Controller General of Patent, Trademarks and Designs.
- If the application is withdrawn or abandoned before disposal of application, facilitator would get the fees only for filing the application and not for disposal of application.
5. Payment of Statutory Fees
6. Ownership of Intellectual Property Rights
7. Further list of Facilitators-
- It is available on the website of IPO-www.ipindia.nic.in
- It is available on the Startup Hub in the DIPP website.
In case of further questions, submit your query here.
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