Assistance for Patent Registration

The Government of Gujarat in collaboration with the Department of  Industries and Mines had offered various incentive schemes and subsidies to ensure sustained industrialization in the state. As a part of industrial promotions, the scheme for patent registration was proposed to provide financial assistance for obtaining national or international patent registration. In this article, we have a look at the procedure for availing assistance under patent registration.

Eligibility Criteria

Any organization, institution, individual or industrial unit is eligible to obtain assistance for filing national or international patent registration as per the rules and regulations.

Eligible Cost of Assistance

• The eligible cost of assistance will include the cost of the application form, processing charges, and any other costs/charges/fees paid to the concerned authority for registering.
• Also, the expenditure incurred on documentation for patent registration of a patent or Intellectual Property Rights (IPR) which includes reasonable fees paid to the consultants as consultancy fees and cost of work of preparation, reprography of art-work, industrial design etc.

Note: if any unit requires registration of more than one patent or their intellectual property rights, the assistance will be available for each registration separately.

Quantum of Assistance

Industrial Park will be provided with an incentive of 75%, which does not exceed Rs.25 lakhs for obtaining patents within the operative period of the scheme.

Operative Period

The assistance for patent registration under the Industrial Policy, 2015 will be applicable for five years. This policy commences from 01 January 2015 and ceases on 31 December 2020.

Time Frame for Filing Application

The eligible applicant needs to submit the application form for assistance within one year from the date of obtaining Patent intellectual Property Right registration.

Note: The application form received after the due date or found incomplete in any respect will be considered for rejection.

Documents Required

The below following documents are to be submitted along with the prescribed application form.

• Copy of EM No. / IEM No./EM-II No. /UA no. whichever is applicable
• Particulars or constitution of the patent holder
• Copy of application submitted to the patent office
• Acknowledgement slip for filling application for patent registration and copy of the patent publication or notification
• Payment receipts of fees paid to the patent office
• Details of equipment acquired for developing patent with justification
• A detailed statement of expenditure for obtaining patent registration, as per the format specified in Annexure-1 with Chartered Accountant (CA) Certificate up to the date of filing of patent office for certification.
• Self-Attested documents or details to be submitted by the Authorized Person

Application Procedure

• The eligible industrial unit is required to apply the prescribed form along with copies of all relevant documents to the concerned office of the Industries Commissioner within 12 months from the date of registration of patent by the patent office.
• The copies of the documents, as mentioned above, has to be self – attested by Proprietor/Managing Partner/Managing Director/Authorized Signatory.
• On receipt of the application, the acknowledgement letter, which is duly signed by the authorized officer, is dispatched to the applicant on the day of receipt.
• After receipt of the application from the industrial unit, the Industries Commissioner will verify the application and quarry letter will be provided within 7 working days for an incomplete proposal.
• In case of application received is completed in all respect, the Industries Commissioner will prepare an agenda note has to be presented before State Level Implementation Committee (SLIC) within 20 working days, and the approval or rejection letter will be provided within 10 working days from the date of approval of the SLIC Meeting.

The application form for financial assistance for patent registration can be downloaded here.

Disbursement

• On receipt of the sanction letter, the Industries Commissioner or DIC concern will perform physical verification of the applicant and expenditure statement of a patent obtained within 15 working days from the date of application.
• The Industries Commissioner or DIC will provide the disbursement order within 10 working days from the date of verification.
• Then the amount will be released to the applicant within 10 working days,  subject to the availability of fund. The amount of assistance will be distributed as follow:
• The assistance at the rate of 50% will be disbursed after the patent office publishes the patent.
• The assistance at the rate of 50% will be disbursed after the patent office issued the patent to the applicant.
• The expenditure of the equipment will be considered up to the date of filing the patent.

Rejection of Application

ln case of rejection of the application, the reasons of rejection will be communicated to the applicant in the prescribed format as early as possible or within 25 days of receipt of the application by concerned General Manager or IC or DIC.

Other Conditions

• The assistance obtained under patent registration is repayable by the applicant in the below following events.
• If the information provided is found to be false, incorrect, misleading or misrepresented in such cases, the assistance availed by the applicant has to be refunded along with the penal interest.
• If the patent and intellectual property right registered is revoked by the authority for any reason within 5 years of registration.

Contact Details

To know more about the assistance for patent registration, contact the following address:

Designation: Deputy Commissioner of Industries (MSME Incentive)

Address: Block No. 1, 4th Floor, Udyog Bhavan, Sector 11, Gandhinagar-382 017

Phone : + 91 79 23252594,23252588,23252659

Email: [email protected] 

[email protected]

[email protected]