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Department of IT to Support SMEs in International Patent Protection

BananaIP Counsels > Intellectual Property  > Department of IT to Support SMEs in International Patent Protection

Department of IT to Support SMEs in International Patent Protection

The image depicts a man jumping with the words start up written in the background.

 

First Publication Date: 8th December 2009

 

Department of Information Technology, MCIT has introduced a scheme, known as SIP-EIT (Support International Patent Protection in Electronics and IT),in order to provide financial support to Small and Medium Enterprises /Technology Start-Up companies for international patent filing in the area of information technology and electronics. International patent filing includes the PCT(Patent Cooperation Treaty) route or direct filing of the application in any country. However, the applicant has to justify his reasons for choosing a particular country.

The prosecution costs involved in international patent filings such as attorney fee, professional fee, statutory fee of patent office, examination fee, search fee etc shall be reimbursed upto Rs.15 lakhs or 50% of the total expenses incurred on filing each invention whichever is less.

The Department of Information Technology, MCIT has provided the details for applying for the scheme in SIP-EIT brochure.

Few of the prerequisites to apply for the scheme as mentioned in the SIP-EIT brochure are as follows:

  • Small or micro small and medium enterprises / Technology Start-Up unites registered in India
  • The investment in plant and machinery should not exceed INR 10 corers in case the enterprises are engaged in the manufacture or production of goods OR  if the enterprises are a service provider investment in plant and machinery should not exceed INR 5 corers.
  • The enterprises applying for the scheme has to provide In house R&D certificate from Division of Services and Intervention Research (DSIR) Technology OR Technology Incubation enterprises registered as companies with support under some government scheme.

In order to apply for the said scheme the inventions must be filed in India prior to foreign filing of the application and the inventions should be in the area of information technology and electronics only.

The applicant can apply for the scheme at the time of international filing or after the filing. However, reimbursement will be provided only after the application is selected for the support. In case the application is selected, the reimbursement money shall to e transferred to the bank account of the company as provided by the applicant in the application form.

The application for the scheme shall be acceptable only if the patent application is filed and prosecuted by a registered patent agent having 5 year experience in the handling international patent applications.

Following are the Documents that need to be submitted by the company:

–          Prescribed application form
–          Copy of registration certificate of the company
–          Company brochure
–          Latest Annual audit report
–          Proof of In house R&D certification by  DSIR
–          Patent prior art search report
–          Indian patent office filing receipt
–          Reimbursement Details (the format is provided with application form)
–          Copy of Invoices cleared by the company towards the international patent filing
–          A declaration  by the applicant in the format is provided with application form.

 

The applicant must provide all the required information in the application forms with relevant documents as proof. If the application satisfies the acceptance criteria the Reimbursement amount shall to e- transfer as per the details provided in the application form.

The applicant may also be requested to present his inventions by the Department of Information Technology, MCIT in the allocated centers to explain the Technical features of invention, commercialization plans or commercialization status of the invention, anticipated revenues from commercializing and potential markets for this invention.

Contact Smt. J Khurana / Dr AK Garg, HoD, Patent and IPR Division, Department of Information Technology, Electronics Niketan, 6, C.G.O.Complex, New Delhi 110003, Phone: 24301284/24301398, Email – [email protected] or [email protected] www.mit.gov.in for more details.

Source/Attribution here. (This image is in public domain)

 

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