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Support for International Patent Protection in Electronics and IT

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  • Post published:May 15, 2024
  • Post category:Patent

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India’s government, under Prime Minister Modi, started Startup India to help young businesses get started. This program isn’t just about creating new jobs; it’s about making companies that create jobs! Startup India helps with new ideas and products, making it easier for businesses to grow. With their help, India will become a country that makes its own jobs instead of just looking for them.

To achieve its goals, Startup India offers various programs run by different government departments. For example, the Ministry of Electronics and Information Technology manages the “Support for International Patent Protection in Electronics & Information Technology (SIP-EIT)” scheme. This is just one of many programs helping Indian startups thrive.

Going Global with Your Innovation: How the SIP-EIT Scheme Helps?

Taking your business international? Protecting your ideas is crucial!  New inventions are easily copied or misused. The government’s SIP-EIT scheme understands this challenge. Financial assistance is offered to startups and small and medium-sized enterprises (SMEs) in the Information Communication Technology and Electronics (ICTE) sector to file patents in other countries.  By making it easier to file international patents, the SIP-EIT scheme does two things:

  • Boosts Innovation: Knowing your ideas are protected encourages further development and creation of new technologies.
  • Unlocks Global Opportunities: With international patents, you can seize growth opportunities in the exciting ICTE field.

So, if you’re a startup or MSME with the next big tech idea, the SIP-EIT scheme can help you turn it into a global success story!

SIP-EIT: Financial Backing for Your Global Patents

The SIP-EIT plan provides financial assistance to eligible ICTE enterprises and startups seeking to file international patent applications. This is how it works.

  • Partial Cost Coverage: The SIP-EIT program reimburses a portion of your international patent filing fees, helping ease the financial burden.
  • Generous Limits: Reimbursement is capped at a maximum of ₹15 lakh (around $19,000 USD) per invention, ensuring significant financial support.
  • Flexible Coverage: You’ll receive either 50% of the total filing fees or ₹15 lakh (whichever is lower), maximizing the benefit for your application.

Which types of expenses are covered? The program covers official expenses, processing fees, search costs, attorney fees, and translation costs.

Important: Reimbursement is restricted to expenses spent after your application has been accepted but before the patent has been issued. This guarantees that the program supports the ongoing process rather than covering retroactive costs.

So, the SIP-EIT scheme helps ease the financial burden of protecting your innovative ideas in the global marketplace.

Who Can Apply for the SIP-EIT Scheme?

To qualify for financial help with international patents, your business needs to meet one of these requirements:

  • Registered MSME: Be a registered Micro, Small, and Medium Enterprise (MSME) under the Indian government’s MSME Development Act of 2006. (Proof required)
  • Established Company: Be a registered company under the Companies Act of 2013 and have invested a certain amount in equipment or machinery, as defined by the MSME Act (verified by your MSME registration and latest financial statements).
  • STP Unit: Be a registered Software Technology Park (STP) unit that also meets the MSME investment requirements (verified by your MSME registration and latest financial statements).
  • Startup in an Incubator: Be a technology startup or incubation enterprise located and registered as a company in a recognized incubation centre or park (proof required from the centre) and meet the MSME investment criteria (verified by your MSME registration and latest financial statements).

Ready to Apply for SIP-EIT? Here’s How

  • Check Your Eligibility: Before you dive in, make sure your business meets all the requirements outlined in the SIP-EIT brochure (available online).
  • Create Your Login: Head over to the official Ministry of Electronics and Information Technology website (https://www.meity.gov.in/content/sip-protection-electronics-it-sip-eit-scheme) and create a login ID. This will be your key for future communication.
  • Fill Out the Online Form: Once logged in, complete the online application form. Be prepared to upload scanned copies of the following documents:
  • Proof of registration (as per your eligibility category)
  • Latest audited balance sheet and profit & loss statement (PDF format)
  • Filing receipt from the Indian Patent Office (if applying for a waiver under Section 39)
  • Proof of international filing (PCT, Paris Convention, or direct filing) – if already filed
  • Proof of employment/directorship (if applicable)
  • Technical write-up of your invention (PDF format)
  • Patent search report
  • E-payment details (scanned copy)
  • Signed and sealed declaration form (PDF format)
  • Double-Check Everything: Before submitting your application, carefully review all uploaded documents and declarations to ensure accuracy.
  • Self-Declare Accuracy: Finally, submit a self-declaration confirming the truthfulness of the information you provided.

Complete these steps, and you’ll be a pro at submitting SIP-EIT applications!

Financial Assistance Under SIP-EIT

The SIP-EIT scheme provides financial assistance for patent filing expenses through reimbursements, disbursed in instalments. Here’s a detailed explanation of the process and conditions:

  • Direct Filing in a Foreign Country (Post Section 39 Compliance)
    • Initial Reimbursement: You get back 25% of the filing costs incurred in the foreign country. This provides some initial financial relief upfront.
    • Post-Grant Reimbursement: If your patent is awarded, you will get 75% of the remaining fees expended after filing. This helps to offset the ongoing costs associated with the patenting procedure.
  • Convention Application (Within 12 Months of Indian Patent Filing)
    • Initial Repayment: You will receive a 25% return on the initial expenditures of filing the application in a foreign country.
    • Post-Grant Repayment: If your patent is granted, you will be compensated for 75% of any remaining expenditures incurred after filing. This covers the continuous expenses connected with the patent procedure.
  • Patent Cooperation Treaty (PCT) Route
    • Submitting Reimbursement: If a favourable International Search Report (ISR) is provided, 25% of the costs connected with filing a PCT application will be reimbursed.
    • Examination Reimbursement: If the ISR report is positive, 25% of the examination charges will be repaid.
    • National Phase Application:
      • Initial Reimbursement: 25% of the charges incurred for filing the national phase application in a foreign country will be reimbursed.
      • Post-Grant Reimbursement: 75% of the expenses incurred after the national phase filing, up to the point of granting the patent, will be reimbursed once the patent is granted.

The SIP-EIT scheme is designed to support Indian businesses, particularly MSMEs and technology startups, in protecting their innovations internationally. By providing staged financial assistance, the scheme not only reduces the initial financial barriers to filing patents abroad but also ensures ongoing support through the grant phase. This comprehensive financial support encourages businesses to engage in global innovation, fostering growth and competitiveness in the ICTE sector.

Conclusion

Kanakkupillai provides essential support to startups and MSMEs in leveraging the SIP-EIT scheme for international patent registration. Kanakkupillai empowers Indian businesses to seamlessly navigate the patent application process. We go beyond just checking eligibility and preparing documents. Our expertise includes providing compliance guidance to ensure applications meet legal requirements, financial advice to manage expenses and navigate reimbursements, and technical write-up creation to accurately represent inventions. We even offer legal support for patent protection. This comprehensive approach simplifies the complexities of patent applications, allowing businesses to protect their innovations, reduce costs through expert guidance, and compete globally with internationally recognized patents. Ultimately, Kanakkupillai paves the way for growth in India’s Information and Communication Technology sector by fostering a culture of secure and well-supported innovation.

Divya

Telecom engineer turned content creator with a knack for crafting compelling narratives. Experienced in client management and community engagement, and ventured into freelance content creation, contributing tailored and impactful content across diverse industries. Currently, collaborating with companies like Kanakkupillai, dedicated to delivering inspiring technical content rooted in a solid foundation.