Start-Ups Intellectual Property Protection (SIPP)

In 2016, the government introduced the Start-up Intellectual Property Protection (SIPP) scheme to streamline the process for start-ups to secure patents, designs, and trademarks through registered facilitators. Originally scheduled until 31.03.2017, the scheme was extended thrice, first until 31.03.2020 and then from 01.04.2020 to 31.03.2023 and then 31.03.2023 to 31.03.2026

Implemented by the office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM), the SIPP scheme provides facilitators to assist start-ups in filing and processing their intellectual property applications. These facilitators aid start-ups in navigating the complexities of the patent, design, and trademark registration processes, with the CGPDTM reimbursing their professional fees.

Objective of SIPP SIPP aims to foster awareness and adoption of intellectual property rights (IPRs) among start-ups. It seeks to mentor and support innovative technologies, helping start-ups protect and commercialize their innovations by providing access to high-quality IP services. By encouraging and facilitating IPR filings, SIPP promotes creativity and innovation within the start-up ecosystem.

Eligibility Criteria for SIPP To qualify for the SIPP scheme, a start-up must meet the following criteria:

• Registered or incorporated in India for up to seven years (or ten years for biotechnology start-ups).
• Annual turnover of up to Rs. 25 crore.
• Engaged in the development, deployment, innovation, or commercialization of new processes, products, or services driven by intellectual property or technology.

Entities resulting from the reconstruction or split of existing businesses are ineligible for the scheme. Start-ups must hold a Certificate of Recognition from the Department of Industrial Policy and Promotion (DIPP), though they need not obtain a certificate of eligible business from the Inter-Ministerial Board of Certification.

Facilitators Under SIPP The CGPDTM enlists facilitators to implement the SIPP scheme. These facilitators, regulated by the CGPDTM, include:

• Trademark agents registered with the CGPDTM.
• Patent agents registered with the CGPDTM.
• Advocates authorized to practice law under the Advocates Act, 1961, and actively involved in trademark applications.
• Government organizations, agencies, departments, or Central Public Sector Undertakings (CPSUs) like TIFAC, NRDC, BIRAC, MeitY, CSIR, etc.

Facilitators must ensure that IP applications are signed by authorized individuals under relevant Acts and Rules.

Functions and Duties of Facilitators Facilitators, as directed by the CGPDTM, perform the following functions:

• Provide pro bono advisory on various IPRs to start-ups.
• Offer information on IPR protection and promotion in other countries.
• Assist in filing and processing IP applications.
• Draft patent specifications.
• Prepare responses to examination reports and other notices.
• Represent start-ups at hearings and contest opposition, if any.
• Ensure final disposal of IPR applications.

Procedure for Filing Applications Under SIPP Start-ups seeking to file design or trademark applications under SIPP can select facilitators from the list available on the CGPDTM website. Facilitators will then guide start-ups through the application process, filing applications on their behalf and managing communications with the relevant IP offices.

Disclaimer: The information provided is for informational purposes only and does not constitute legal or professional advice. Start-ups should seek guidance from licensed attorneys for legal matters.