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In this article we have discussed step by Flow Chart for Application of Patent, Design and Trademark in India by a Startups under Startup India Scheme. We have also updated List of Facilitators of Patents for Start-ups and same can be downloaded from the Following Link :-
In respect to the Scheme for Facilitating Startups Intellectual Property (SIPP) announced by the Government of India and the list of facilitators published for the purpose, references have been received regarding the procedure to be adopted for filing/ processing of startups’ applications for Patents
Government of India has recognized government organizations like TIFAC / NRDC / BIRAC/DEITY / DSIR etc. for the purpose of consideration as facilitator for start-ups vide published Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP) document.
The documents that are required to be submitted by the Patent Agent in original after filing them electronically as per the provisions of rule 6(1A) of the Patents (Amendments) Rules, 2016, are as under.: (a) The Authorization of Patent Agent or Power of attorney (under rule 135) (b) Proof of the right to make an application (under rule 10)
Creativity and innovation have been a constant in growth and development of any knowledge economy. There is an abundance of creative and innovative energies flowing in India. India has a TRIPS compliant, robust, equitable and dynamic IPR regime.
In case an application processed by a startup is fully or partly transferred to any person other than a natural person or a startup, the difference, if any, in the scale of fees between the fees charged from a startup and such person to whom the application is transferred, shall be paid by the new applicant along with the request for transfer:
DSLSA approached the office of Controller General of Patents, Designs & Trade Marks Registry, Government of India to undertake a Pilot Project for amicable settlement of Opposition/ Rectification matters at the Trade Mark Registry, Delhi through its trained Advocates/ Mediators;
The Union Cabinet yesterday approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelise these energies towards a better and brighter future for all.
India has become the third largest base of technology start-ups in the world, according to the Economic Survey 2015-16. As a part of the Action plan announced by the Prime Minister of India, Shri Narendra Modi, the scheme for Startup Intellectual Property Protection (SIPP) was launched by the Government for enabling Start-Ups to protect their Intellectual Property Rights (IPRs).
Some complaints were received claiming that applications had been treated as abandoned even though the reply on behalf of the applicants were submitted but the same were not considered by the office; some complaints were also received to the effect that the examination reports containing office objections were not received by the applicants or their authorized agents in time due to which the response could not be filed and the applications have been wrongfully treated as abandoned.
