Small Entity Fee Reduction for Patent Application in India

Submitted by song on
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Like most countries in the world, the Indian Intellectual Property Office IPO also has corresponding fee reduction policies for small and medium-sized enterprises. According to the 2020 Indian Patent Law Amendment Rules, small and medium-sized enterprises that apply for patents to IPOs can receive an 80% application fee subsidy. In addition, the Indian government has also launched the "Startup Intellectual Property Protection Promotion Program" to encourage innovation and creativity of startups (SIPP).

In order to implement the plan effectively, the IPO has designated special facilitators from the patent, trademark and design departments to assist in the implementation of the plan, and has thoughtfully placed the list of facilitators on the IPO's official website for public review.

Startups do not have to pay for appointing a counselor. These fees will be paid directly to the counselor by the Central Government through the CGPDTM office. The counselor's fee is:

Payment stage

patent

trademark

Design

New application at the same time INR 10,000 INR 5,000 INR 2,000
Authorization Phase No objection INR 10,000 INR 2,000 INR 2,000
There is an objection INR 15,000 INR 5,000 INR 4,000

The subsidies that startups can receive from the Indian government are:

  • New application: Rs. 15000.00
  • If there is no objection at the time of authorization: 25000.00 rupees
  • In case of objection during authorization: 35000.00 rupees

In addition, IPO also sets certain standards for startups:

  • The company’s incorporation period shall not exceed 10 years from the date of registration
  • Company registration as a private limited company, registered partnership or limited liability partnership
  • The annual turnover should not exceed INR 100 million in any financial year after its incorporation
  • Entities formed as a result of mergers, spin-offs/acquisitions/mergers/acquisitions will not be considered startups
  • Merger with other entities with similar address, same product line/services and at least one common director/designated partner/partner will not be considered as a startup
  • The company should be engaged in the development or improvement of products, processes or services, or have a scalable business model with high potential to create wealth and employment

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