As per the amendment made in the patent rules now start-ups don’t have to wait for 5-7 years to get patent for their company. As per the amendment now start-ups will get faster patent at cheaper rates on their name.
Department of Industrial Policy and Promotion Board has notified that a special window for this has been opened by the Government of India. As per the amended rules now start-ups will be able to register their patent within a period of 1-1.5 years instead of waiting for 5-7 years. As per the amended rules start-ups will be qualified as “individual person” instead of company for filling the patent application for patent registration.
As per the amended rules start-up has been defined as those Private Company, LLP, Registered Partnership whose turnover has not exceed ₹ 25 Crores, they shall be regarded as start-ups for a period of 5 years. But any company formed by splitting of any entity which is already in existence cannot be defined as start-up.
As including start-ups in category of individuals will make them eligible for rebate of 80% in patent fees. As start-ups are now also allowed to withdraw their application without paying any fees even in some special cases they are get refund of the application fees.
As per the amendment made in the rules this is for the first time that the refund of fees is allowed to the applicant. In case of withdrawal of the application the applicant would get 90% reimbursement.
Opening an easier route for start-ups, Indian Patent Office has been recognized as a Competent International Searching Authority (ISA) or Internationally Preliminary Examining Authority (IPEA). Start-ups from all over the world can apply for patent in India by only if they satisfy the definition of start-up as defined by the DIPP.
Getting the patent faster on their name is a relief for all the start-ups. All the start-ups shall be allowed to access this facility.
As per the amended rules start-up has been defined as those Private Company, LLP, Registered Partnership whose turnover has not exceed ₹ 25 Crores, they shall be regarded as start-ups for a period of 5 years. But any company formed by splitting of any entity which is already in existence cannot be defined as start-up.
As including start-ups in category of individuals will make them eligible for rebate of 80% in patent fees. As start-ups are now also allowed to withdraw their application without paying any fees even in some special cases they are get refund of the application fees.
As per the amendment made in the rules this is for the first time that the refund of fees is allowed to the applicant. In case of withdrawal of the application the applicant would get 90% reimbursement.
Opening an easier route for start-ups, Indian Patent Office has been recognized as a Competent International Searching Authority (ISA) or Internationally Preliminary Examining Authority (IPEA). Start-ups from all over the world can apply for patent in India by only if they satisfy the definition of start-up as defined by the DIPP.
Getting the patent faster on their name is a relief for all the start-ups. All the start-ups shall be allowed to access this facility.
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