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Assistance for Patent Registration

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To guarantee continued industrialization in the state, the Gujarat government, working with the Department of Industries and Mines, implemented a number of incentive programs and subsidies. Financial assistance for obtaining national or international patent registration was proposed as part of the patent registration scheme, which is part of industrial promotions. This article examines the process for obtaining support under the patent registration system.

Eligibility Criteria for Patent Registration

In accordance with national and international laws and regulations, any organization, institution, person, or industrial unit can receive assistance in obtaining a national or international patent.

Eligible Cost of Assistance

The cost of the application form, processing fees, and any additional costs or fees paid to the relevant authority for registration will be included in the eligible cost of assistance.

Additionally, the cost of the documentation incurred to register a patent or intellectual property rights (IPR) includes the reasonable fees paid to consultants for their advice as well as the costs associated with the preparation, industrial design, and reprography of artwork, among other costs.

Note: assistance will be provided for each registration separately if any unit needs to register more than one patent or their intellectual property rights.

Quantum of Assistance

Up to 75% of the costs incurred in obtaining patents can be reimbursed, with a maximum of Rs. 25 lakhs during the scheme’s operational period.

Other Conditions:

Fees paid to patent attorney and patent service centre, patent registration and equipment purchased to develop patent will be eligible (excluding travel, hotel charges) for obtaining patent registration.

Time Frame for Filing Application

The eligible applicant must submit the assistance application within a year of the date of registration of the patent intellectual property right.

Applications that are received after the deadline or that are discovered to be lacking any information will be rejected.

Documents Required for Patent Registration

The required application form must be submitted using the documents listed below.

  • A copy of the relevant EM, IEM, EM-II, or UA number, as applicable.
  • Specifications or makeup of the patent owner.
  • A duplicate of the application filed with the Patent Office.
  • A copy of the patent publication or notification and an acknowledgement slip are required to complete the patent registration application.
  • Receipts for payments made to the Patent Office.
  • Information about the equipment purchased with a rationale for creating a patent.
  • A thorough breakdown of the costs incurred to register a patent, following the format listed in Annexure-1, along with a certificate of chartered accountant (CA) up to the date the patent office filed for certification.
  • Documents or information to be self-attested and submitted by the Designated Person.

Procedure for Sanction

  • The applicant shall have to apply, with required document as mentioned in the check list, to the office of the Industries Commissioner within 12 months from the date of publication of patent by the patent office.
  • On receipt of application, the Industries Commissioner will scrutinize the application and quarry letter will be issued within 7 working days for incomplete application.
  • In case of application received complete in all respect, the Industries Commissioner will prepare an agenda note to be submitted before State Level Implementation Committee (SLIC) within 20 working days and sanction/rejection letter will be issued within 10 working days from the date of approval of minutes of the SLIC Meeting.

Procedure for Disbursement

  • On receipt of the sanction letter, the concerned IC / DIC will make physical verification of the applicant and expenditure statement for obtains the patent within 15 working days.
  • IC / DIC will issue the disbursement order within ten working days.
  • Subject to the availability of the grant, the applicant will receive the money in 10 working days.
  • The amount of assistance will be disbursed as follows:
  • 50% assistance will be disbursed after the patent office publishes the patent.
  • 50% assistance will be disbursed after the patent office issues the patent to the applicant.
  • The expenditure of the equipment will be considered up to the date of filing the patent.

Rejection of Application

If the application is rejected, the concerned General Manager, IC, or DIC will notify the applicant of the reasons for the rejection as soon as possible or within 25 days of receiving the application, using the format specified.

Conclusion

The patent registration scheme is basically focused on facilitating the filing of patents for grassroots innovators/ entrepreneurs, academia, R&D organizations, start-ups, etc. Under this scheme, NRDC extends financial assistance to eligible applications received in each financial year for patent protection up to the grant/registration of the same, in accordance with directives of the administrative ministry and department. NRDC mandatorily takes initiatives and supports filing for patent protection of novel developments of various stakeholders in the respective Intellectual Property Offices (IPOs) in the country. In the last five years, more than 100 patent applications have been filed under this scheme.

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FAQs

  1. What are the eligibility criteria for receiving assistance?

In accordance with national and international laws and regulations, any organization, institution, person, or industrial unit can receive assistance in obtaining a national or international patent.

  1. What fees are eligible for patent assistance?

Fees paid to patent attorney and patent service centre, patent registration and equipment purchased to develop patent will be eligible (excluding travel, hotel charges) for obtaining patent registration.

  1. How much can be reimbursed for patent assistance?

Up to 75% of the costs incurred in obtaining patents can be reimbursed, with a maximum of Rs. 25 lakhs during the scheme’s operational period.

G.Durghasree B.A.B.L (Hons)

G Durghasree B.A.B.L (Hons) is a registered trademark attorney with extensive experience as an Advocate for a period of 8 years. She possesses expertise in trademark law, including trademark filing and trademark hearings. Additionally, she is skilled in contract drafting and reviewing, providing legal advice and opinions, particularly in the areas of Company Law, Insolvency and Bankruptcy Code (IBC), and Goods and Service Tax Law (GST). Her experience encompasses both litigation and non-litigation aspects of these laws.