IndiaFilings / Learn / Patents / International Patent Protection Scheme For Msmes
International Patent Protection Scheme for MSMEs - IndiaFilings

International Patent Protection Scheme for MSMEs

The Ministry of Communications and Information Technology has recently introduced a scheme called "Support for International Patent Protection in Electronics and IT". Under the International Patent Protection Scheme, reimbursement of upto Rs.15 lakhs or 50% of total expense incurred for international patent filing is provided by the Government. In this article, we look at the International Patent Protection Scheme for MSMEs in detail.

Support for International Patent Protection in Electronics and IT

Support for International Patent Protection in Electronics & IT is a subsidy scheme for MSME and Technology Startup. The scheme is promoted by the Department of Electronics & Information Technology (DeitY). Under the scheme, MSMEs and start-ups can avail financial assistance for international patent filing. By funding patent registration expenses, the Ministry hopes to support innovation and recognize the value of global Intellectual Property assets. Support for International Patent Protection scheme will be valid for a period of 5 years until 30.11.2019.

Amount of Subsidy for Patent Filing

Under the Support for International Patent Protection scheme, reimbursement of expenses incurred for patent filing and processing is provided. The total amount of subsidy provided in the form of reimbursement will be limited to 50% of the total expense incurred by the business or a total of Rs.15 lakhs per invention, whichever is lesser. The following types of expenses incurred for patent filing or patent processing are eligible for reimbursement under the scheme:
  • Patent filing
  • Patent examination
  • Patent processing fees
  • Attorney charges
  • Patent search
  • Patent translation, if required.
The expenses involved in entering the National phase in respect of PCT application would also be part of the expenses. Similarly, expenses involved in filing applications directly in other countries (not through the PCT route) will be part of the above expenses. The expenses incurred subsequent to grant of patent will not be reimbursable

Eligibility Criteria for Patent Subsidy

The eligible applicants for Support for International Patent Protection scheme can be classified under four categories as follows:
  • Entities having Udyog Aadhaar or MSME registration.
  • Companies registered in India having Udyog Aadhaar or MSME registration.
  • Registered STP Unit having MSME or Udyog Aadhaar registraiton.
  • Technology incubation enterprise or startups located in an incubation centre/ park and registered as a company.
In addition to the above criteria, the following must be satisfied for availing the subsidy:
  1. The applicant should have already filed a patent application with complete specification for the said invention with Indian Patent Office or have taken waiver under Section 39 of Indian Patent Act.
  2. Invention must be in the Electronics/ICT technology domain.
  3. The application must be accompanied by prior art search report from a reputed agency like ISA for PCT application or a registered IPR attorney firm having an experience of at least 5 years in handling international patent applications or IPFCs set up by Ministry of MSME or Patent Information Centres set up by the Department of Science and Technology.
  4. The patent applications are to be processed through an Indian patent attorney firm having an experience of at least 5 years in handling international patent applications.
  5. The applicant can apply for the support at any stage of international patent filing. However, reimbursement will only be applicable to expenditures incurred from the date of acceptance of complete application by DeitY subject to approval of competent authority.
  6. In respect of ownership of the patent, the application filed in the name of owner may also be considered and the applicant may be asked to assign it to the company after DeitY’s approval to provide support under the subsidy scheme, however the individual at the time of applying under subsidy scheme must be an existing employee or should be in the Board of Directors of the same company on the date the application for international patent is made.
  7. To disseminate the benefits of the scheme in an equitable manner, only 5 applications per financial year with a total of 25 applications during the scheme period of December 2014 to November 2019 will be considered for reimbursement from a single applicant.
  8. Options for filing International Patents: The applicant can choose either the PCT route or Paris Convention or can file directly in a foreign country of innovator’s choice after satisfying the requirements of Section 39. However, the applicant needs to furnish justification for the choice of route and of country/countries in which a patent application is filed.
  9. All application received till date while the scheme is in operation will be also considered for reimbursement subsequent to the closure of the scheme and up to the time the application stands valid for reimbursement.
  10. One application for foreign filing in all countries for a particular invention will only be considered under the scheme

How to Apply for the International Patent Protection Scheme

Application for support under the International Patent Protection Scheme can be submitted on the Ministry of Electronics and Information Technology website. The application must be submitted in the prescribed format with the documents listed below. Once the application is submitted, it will be scrutinized by an in-house and sent with recommendation to an expert group. The applicant is then expected to present the invention to the expert group for consideration. The recommended applications will then be processed at Department of Electronics and Information Technology for approval.
IndiaFilings
Updated on: May 3rd, 2018

Popular Post

Download ePAN Card – Get ePan from NSDL & UTIITSL
80 Small Business Ideas

Starting a small business can be a transformative venture, offering the exciting opportunity...

Nadakacheri – Income Caste Certificate Download Online in Karnataka
TDS Rate Chart for Financial Year 2025-2026 (Assessment Year 2026-2027)

Tax deduction at source, shortly and popularly known as TDS, was introduced by the Income Tax...

Divorce Rules in India: Everything You Need to Know
How To Download GST Registration Certificate Online?

Goods & Services Tax Certificate is issued to people who are registered under GST...

PAN Card Cancellation Online
Find Complete Details of GST Registration Procedure

GST registration applies to all individuals and entities supplying goods or services in India. GST...

Check Your PF Claim Status Online Using PF Tracking ID
Gift Tax in India: Applicability, Exemptions and Rules

Gift tax in India is applied when the value of the received gift exceeds ₹50,000 in the...

Check Your PF Claim Status Online Using PF Tracking ID
Old Regime vs New Regime 2025: Which Tax Regime is Better for You?

The Union Budget 2025 has brought significant changes to India’s personal income tax structure, raising the...

Check Your PF Claim Status Online Using PF Tracking ID
What is the minimum turnover for GST?

The Goods and Services Tax (GST) is an indirect tax system introduced in India in 2017. It functions...

Check Your PF Claim Status Online Using PF Tracking ID
How can I check if a trademark is registered?

A trademark search is simply checking if another person or organization does not already own the...

Check Your PF Claim Status Online Using PF Tracking ID
Section 194H of the Income Tax Act: TDS on Commission & Brokerage

Section 194H of the Income Tax Act in India mandates the deduction of Tax at Source (TDS) on commission or brokerage...

Check Your PF Claim Status Online Using PF Tracking ID
Section 80G Deduction - Income Tax Act

Section 80G Deduction is a facility available in the Income Tax Act which allows taxpayers to...

Check Your PF Claim Status Online Using PF Tracking ID
Crypto Tax in India: Taxation On Cryptocurrency

The Income Tax Department (ITD) has not provided specific guidance on crypto taxes for Indian investors. However...

Check Your PF Claim Status Online Using PF Tracking ID
Internal Audit Applicability Under Companies Act, 2013

Internal audit applicability is a critical concept for companies in India, impacting various...

Check Your PF Claim Status Online Using PF Tracking ID
Difference between Private and Public Company

In the business world, two main types of companies exist: private company and public company...

Check Your PF Claim Status Online Using PF Tracking ID
New GST Rules for Rent

Ministry of Finance vide a Notification No 05/2022- Central Tax (Rate) dated 13.7.2022 has issued...

Check Your PF Claim Status Online Using PF Tracking ID
GSTR-1 and GSTR-3B Due Date Extension - New Due Dates For January 2025

The Central Board of Indirect Taxes and Customs (CBIC) has recently announced an extension...

Check Your PF Claim Status Online Using PF Tracking ID
Different Depreciation Rates under Companies & Income Tax Act

Depreciation is a key concept in finance and accounting. It helps us manage how the value of...

Check Your PF Claim Status Online Using PF Tracking ID
Form 10IA - Section 80DD Deduction

Form 10IA of the Income Tax Department must be filed by taxpayers claiming income tax deduction...

Check Your PF Claim Status Online Using PF Tracking ID
GST on Used Cars: New 18% Tax Rate Explained

The Goods and Services Tax (GST) system in India has been a significant reform in the country's...

Check Your PF Claim Status Online Using PF Tracking ID
MSME Registration - Udyam Registration

India's Gross Domestic Product (GDP) benefits significantly from the substantial...

Check Your PF Claim Status Online Using PF Tracking ID
Section 43B(h) - New MSME 45 Days Payment Rule

The Finance Act, 2023 introduced the MSME 45-day payment rule under Section 43B(h) of the Income Tax Act...

Check Your PF Claim Status Online Using PF Tracking ID
Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024

The Direct Tax Vivad Se Vishwas (DTVSV) Scheme, 2024, was announced by Union Finance Minister...