In a move to support international patent protection by SMEs and Technology Start up Units in the country, Indian government has announced a scheme under which the government will finance 50% of the cost of filing a patent.
This scheme came in as an step to encourage indigenous innovation and to recognize the value and capabilities of global IP and so as to capture growth opportunities in information technology and electronics area.
Government will be providing 50% of the total patent cost, which will be in the form of reimbursement of expenses in actual to the applicant. Patent processing costs including Attorneys’ Fees, Patent Office filing fees, Examination Fees, Patent Search cost, Additional cost for entering National Phase upto grant/issue will be reimbursed.
Who are Eligibile to Apply ?
1. Registered Indian Micro, Small and Medium enterprises.
2. Enterprises engaged in the manufacture or production of goods where the investment in plant and machinery does not exceed Rs.10.00 crore.
3. Providing or rendering of services the scheme will be restricted to enterprises where the investment in plant and machinery does not exceed Rs.5.00 crore.
4. In-house R&D Certification by DSIR
5. Technology Incubation enterprises registered as companies with support under some government scheme
Criteria for acceptance of patent applications
1. Applicants having already filed a patent application for the said invention in India
2. Invention must be in the Electronics/ICT technology domain.
3. The application must be accompanied by prior art search report from a International Search authority/ registered attorney firm or any other agency of repute.
4. The patent applications are to be processed through a registered patent attorney in a patent attorney firm having a experience of at least 5 years in handling international patent applications.
5. The applicant can apply for the support at any stage of international filing. However, reimbursement will only be applicable to expenditures incurred subsequent to the date on which application has been cleared for support.
International Patents can be filed either by the PCT route or can be filed directly to any country of choice, though the applicant also need to provide justification for his choice of route and country.
Once the application satisfies the eligibility and acceptance criteria for consideration of support, the reimbursement process initiated immediately with payment made through e-transfer.