Support for International Patent Protection in Electronics & Information Technology (SIP-EIT)

CA Sandeep Kanoi 21 Apr 2022 4,854 Views 0 comment Print Corporate Law | Articles

The Government of India had launched ‘Startup India’ with the aim to generate employment and also to create wealth. Accordingly, various Schemes are being launched under the ‘Startup India’ initiative. One such scheme is ‘Support for International Patent Protection in Electronics & Information Technology’, shortly known as SIP-EIT.

SIP-EIT is launched by the Ministry of Electronics & Information Technology. It aims to provide financial support to ‘Micro, Small and Medium Enterprises’ i.e., MSMEs and technology startup units for international patent filing.

The present article details eligibility criteria under the SIP-EIT; steps for online filing of an application under the SIP-EIT; list of documents required under the SIP-EIT and financial support available under the SIP-EIT.

Eligibility criteria followed under the SIP-EIT –

The applicant must satisfy any of the following eligibility criteria for availing benefits under the SIP-EIT –

1. The applicant should be registered with the MSME Development Act, 2006 of the Government of India; or

2. The applicant should be –

a. A company registered under the Companies Act of the Government of India; and

b. Should satisfy the limit of investment in plant & machinery/ equipment as defined under MSME Development Act, 2006;

3. The applicant should be –

a. A registered ‘Software Technology Park’ STP unit; and

b. Should satisfy the limit of investment in plant & machinery/ equipment as defined under MSME Development Act, 2006;

4. The applicant should be –

a. A technology incubation enterprise; or

b. A startup located in an incubation centre or park; and

c. Registered as a company; and

d. Should satisfy the limit of investment in plant & machinery/ equipment as defined under MSME Development Act, 2006.

Steps for online filing of an application in the SIP-EIT scheme –

The applicant, willing to apply online under the SIP-EIT scheme, needs to follow the below steps –

STEP 1 – Accurately verify that the eligibility criteria are satisfied;

STEP 2 – Create a new account on the website of the Ministry of Electronics & Information Technology i.e., http://www.ict-ipr.in/sipeit/registration;

STEP 3 – Login to the website using the login credentials;

STEP 4 – Fill up the application form and submit (upload) all the required documents;

STEP 5 – Verify the documents and declaration; and

STEP 6 – Submit the application form.

Support for International Patent Protection in Electronics & Information Technology (SIP-EIT)

List of documents required under the SIP-EIT –

Following are the list of documents required under the SIP-EIT scheme –

1. Registration proof (as per the eligibility criteria satisfied by the applicant);

2. Last Audited Balance Sheet (scan copy);

3. Scan copy of official filing with the Indian Patent Office for waiver u/s 39 for international filing (only if applied for waiver);

4. Proof of Patent Co-operation Treaty/ Paris convention/ direct international filing (only if international application already filed);

5. Scan copy of documentary proof substantiating the applicant being an employee/ member of the Board of Director;

6. Copy of technical write-up of the invention in specified format;

7. Patent search report;

8. Scan copy of details for transfer of e-payments as per specified format;

9. Scan copy of declaration form (signed and sealed) as per specified format.

Financial support available under the SIP-EIT Scheme –

Expenses incurred towards international patent protection will be reimbursed in instalments. Such reimbursement will be disbursed in the following manner –

Particulars	Reimbursement
Application is filed directly in the foreign country and the requirement of section 39 is satisfied.	Reimbursement will be as under – 25% of the expenditure incurred in the filing of patent application in the respective foreign geography; 75% of the expenditure incurred after filing but up to the grant (this reimbursement will be made only after the grant of patent).
Application is filed within a period of 12 months of filing the patent application in India.	Reimbursement will be as under – 25% of the expenditure incurred in the filing of patent application in the respective foreign geography; 75% of the expenditure incurred after filing but up to the grant (this reimbursement will be made only after the grant of patent).
Application filed via a route of Patent Co-operation Treaty	Reimbursement will be as under – 25% of the expenditure incurred in the filing of patent co-operation treaty application. Such reimbursement will be made subject to a positive ISR report. Further, 25% of the expenditure towards examination will be reimbursed provided the examination report is positive; 25% of the expenditure incurred for filing a national phase application in a foreign country; 75% of the expenditure incurred after national filing up to grant (this reimbursement will be made only after the grant of patent).