Home News Safeguarding Innovation: SIP-EIT for International Patent Protection in Electronics and IT

Safeguarding Innovation: SIP-EIT for International Patent Protection in Electronics and IT

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SIP-EIT
SIP-EIT

SIP-EIT A Scheme to Provide Financial Support for International Patent Protection by MSMEs and Technology Startup Units.

Goals

The Department of Electronics and Information Technology (DeitY) MCIT and The Government of India (GOI) have launched programme called “Support for International Patent Protection in E&IT (SIP-EIT) – II” for Micro, Small and Medium-Sized Enterprises and Technology Startup Units to make it easier for MSME and Technology Startup units to file for international patents by offering financial support in order to promote innovation recognise the value and potential global IP and seize growth.

SIP-EIT

SIP-EIT Eligibility

  1. According to the SIP-EIT requirements for such registration the applicants must be registered as MSME unit under the MSME Development Act 2006. The Government of India as amended from time to time (The applicants would be needed to provide proof of such registration).

  2. The applicant should meet the investment restrictions in plant and machinery or equipment as stipulated in the MSME Development Act 2006.The Government of India as modified from being a registered company under the Companies Act of the Government of India. periodically (this criterion will be determined based on the applicant’s most recent audited balance sheet and verification of such registration)..

  3. The applicant must be registered STP Unit and meet the investment requirements for machinery and equipment set forth in the MSME Development Act of 2006. the Government of India as amended (this requirement will be determined by the applicant most recent audited balance sheet and proof of registration)

  4. The applicant must be a technology incubation enterprise or startup that is registered as a company and located in an incubation centre or park. In this case, a certification from the incubation centre or park is required. The applicant must also meet the investment limits in plant and machinery or equipment as defined in the MSME Development Act 2006 of the Government of India as amended from time to time.

Period

The programme (SIP-EIT) runs from November 30, 2019, for a total of five years.

SIP-EIT Acceptance criteria

  • In accordance with Section 39 the Indian Patent Act the applicant must have submitted patent application with a detailed specification to the Indian Patent Office.

  • The electronic/ICT technology field must be the subject of the invention.

  • A prior art search report from reputable organisation such as ISA for PCT applications, or a registered IPR attorney firm with at least five years of experience handling international patent applications, IPFCs established by the Ministry of MSME or Patent Information Centres established by the Department of Science and Technology, must be submitted with the application.

  • The patent application must handled by Indian patent law firm with at least five years of expertise dealing with overseas patent application.

  • At any point during the foreign patent filing process the applicant may request assistance. However subject to the approval the appropriate authorities reimbursement will be applicable to expenses spent as the day DeitY accepted the complete application. The maximum amount that can be reimbursed for each invention is 15.0 Lakh or 50% of the entire costs associated with submitting, processing, and obtaining a patent whichever is less.

  • However the person at the time of applying under SIP-EIT-II scheme must be existing employee or should be on the board of directors of the same company on the date the application for an international patent is made. The application filed in the name of the owner may also be taken into consideration in regards to patent ownership and the applicant may be asked to assign it to the company after DeitY approval to provide support under SIP-EIT-II scheme.

  • Only five applications per fiscal year a total of 25 applications for the scheme’s implementation term of December 2014 to November 2019 will be taken into consideration for reimbursement in order to fairly distribute its advantages.

  • After meeting Section 39 conditions the applicant has the choice of submitting a patent under the Paris Convention the PCT or directly in a foreign country of the innovator choosing. However, the applicant must include explanations for the method and/or nation(s) in which a patent application was submitted.

  • After the scheme is closed and for as long as the application is still valid for reimbursement all application received up to this point while the programme was existence will also be taken into consideration.

  • Under the approach, only one application for a particular invention’s international filing in all countries will be taken into account.

SIP-EIT Financial Support

Reimbursing Your International Patent Protection Expenses (SIT-EIT) We understand that pursuing international patent protection can be financially demanding. That’s why we’re thrilled to offer financial support to help ease the burden. Under this program, we provide reimbursements for expenses incurred during the process, subject to certain conditions.

Here’s how it works:

I. Applications filed directly foreign country after satisfying Section 39 requirement.

a. We will reimburse 25% of the expenses you incurred while filing the patent application in the respective foreign geography.

b. Once your patent is granted you will receive a reimbursement of 75% the expenses incurred from the filing date until the grant.

II. Foreign applications (Convention application) submitted within a year of an Indian patent application:

a. You are entitled to reimbursement for 25% costs associated with submitting a patent application in the relevant foreign jurisdiction.
a. Following the issuance of your patent you will be reimbursed 75% costs incurred between the filing date and the grant.

III. Applications filed through the PCT route:

a. If your PCT application receives a positive International Search Report (ISR) result, we’ll reimburse 25% of the expenses related to filing the PCT application.
b. If the examination report is positive you can claim a reimbursement of 25% expenses incurred during the examination process.
c. Once you file the national phase application in a foreign country, we’ll reimburse 25% of the expenses incurred for this step.
d. After the grant of the patent, you’ll receive a reimbursement of 75% of the expenses incurred from the national filing until the grant.

Please take note total amount reimbursed cannot be more than Rs 15 lakhs or 50% of the total expenses whichever is less.

We’re committed to helping you pursue worldwide patent protection so you may concentrate on developing your novel ideas without being concerned about money issues. If you need any help or have any questions don’t hesitate to get in touch. Let’s collaborate to safeguard and market your intellectual property around the world!

When applying for financial support, kindly submit the required documents as listed below for SIT-EIT

If your organization falls under the MSME Development Act 2006, please upload the scanned copy of your Registration Certificate in *.pdf format.
OR

If your organization is governed by the Companies Act of the Government of India provide the scanned copy of your Registration Certificate in *.pdf format.
OR

If your organization is a registered Software Technology Park of India unit, upload the scanned copy of the registration certificate.
OR

If your organization is a Technology Incubation Enterprise/Startup and registered as a company submit a scanned copy of the Registration Certificate issued by a competent authority in *.pdf format along with a certification from the incubation centre/park in *.pdf format.

Please upload  scanned copy of the last audited Balance Sheet in *.pdf format.

If you are an employee or a Member of the Board of Directors of the organization, substantiate this with documentary proof and upload it in *.pdf format.

If applicable include copy of the product brochure in your submission.

Upload the copy of the latest Annual Report, if available.

For patent applications filed in countries outside India, include either a copy of the official filing receipt (OFR) with the Indian Patent Office or a waiver under section 39 of the Indian Patent Act in *.pdf format.

Upload the appropriate proof in *.pdf format if you have applied for PCT/Paris Convention or Direct International Filing. A consolidated copy will suffice.

Please attach the technical write-up of your invention, duly filled up as per the format of the technical write-up, and upload it in *.pdf format.

Upload the patent search report in *.pdf format.

Provide a duly filled scanned copy of Details for transfer of e-payments as per the specified format, and upload it in *.pdf format.

Attach a scanned copy of the Declaration form duly signed and sealed as per the format and upload it in *.pdf format.

Additionally, include a statement by the enterprise’s auditor confirming that they fulfill the investment criteria in plant and machinery or capital equipment, as stipulated in the MSMED Act 2006. Upload the same in *.pdf format.

We value your effort in providing the necessary documents for your financial support application. If you have any inquiries or need further assistance do not hesitate to reach out. Best of luck with your application!

How to apply
Those who wish to apply for the programme must complete online application form found on the DeitY website or the ICT-IPR portal.

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