GOVERNMENT OF INDIA
MINISTRY OF COMMERCE AND INDUSTRY
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
UNSTARRED QUESTION NO. 1291
TO BE ANSWERED ON WEDNESDASY, THE 07TH MARCH 2018
FACILITATORS TO ASSIST STARTUPS
Will the Minister of COMMERCE AND INDUSTRY be pleased to state:
(a) Whether Government has formed a panel of facilitators to assist Startup in filing Intellectual Property (IP)
applications under Section 2.1(4) of the ‘Startup India’ Action Plan;
(b) If so, the details of the number of facilitators, State-wise;
(c) The details of the Startups in the country which availed 80 percent rebate in filing of patent applications under the Startup Intellectual Property Protection (SIPP); and
(d) The break-up of the facilitation cost borne by Government and details of the statutory fees borne by the Startup, Startup wise?
THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE AND INDUSTRY
(SHRI C.R. CHAUDHARY)
(a) & (b): Yes, Sir. The State-wise number of facilitators empaneled with the office of Controller General of Patents, Design and Trademarks (CGPDTM) under the Startup Intellectual Property Protection (SIPP) scheme is as under:
|S.No.||State / UT||No. of Patent and Design Facilitators||No. of Trade Marks Facilitators|
|8||Jammu and Kashmir||1||0|
(c): A rebate of 80 percent is provided to Startups vis-à-vis large entities for filing patent applications under the Patents Rules 2003, as amended, with effect from 16th May 2016. The reduced fees for Startups for filing and all subsequent procedures in respect of patent applications is specified in the First Schedule of Patent Rules 2003 (as amended). As on 31.01.2018, 595 Startups have filed patent applications by availing the 80% rebate in filing fee. As per the provisions of section 11A of the Patents Act, the patent applications, including particulars of the name and address of the applicant, are made open to the public by publication in the official Journal, 18 months from the date of filing of the application or the date of priority of the application, whichever is earlier, or even earlier if so requested by the applicant.
(d): Following fees structure is applicable to the empanelled facilitators, for any number of patents, trademarks or designs that may be applied for by a startup. This fee is borne by the Government of India and paid directly to the facilitator by the office of CGPDTM.
|Stage of Payment||Patent||Trademark||Design|
|At the time of filing of Application||10,000||5,000||2,000|
|At the time of final disposal of Application||Without Opposition||10,000||2,000|
However, if any application is withdrawn or abandoned before disposal of application, facilitator shall be entitled to fees only for filing of application and not for disposal of application.
The statutory fees payable for filing and subsequent processes of a Patent, Trademark or Design application are borne by the startup itself, and are tabulated in the respective First Schedules of the Patents Rules 2003, Trade Mark Rules 2017 and Designs Rules 2001 respectively. The statutory fee for filing a basic application is as below: -
|Patents||Physical filing – Rs. 1750/-|
e-filing – Rs. 1600/-
|Trademarks||Physical filing – Rs. 5000/-|
e-filing – Rs. 4000/-
|Designs||Physical / e-filing – Rs. 2000/-|