RV Institute of Technology & Management®

Rashtreeya Sikshana Samithi Trust

RV Institute of Technology and Management®

(Affiliated to VTU, Belagavi)

JP Nagar, Bengaluru - 560076

Department of CSE/ISE/ECE/ME

Course Name: RESEARCH METHODOLOGY & IPR

Course Code: BRMK557

V Semester

2022 Scheme

Prepared By:

Dr. Solaimuthu C and Dr. Anitha J,

Faculty, RVITM
Email: [Link]@[Link]
[Link]@[Link]
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MODULE – V

Industrial Designs, Geographical Indications and Case Studies on Patents

5.1 Industrial Designs:

5.1.1 Criteria for industrial design protection:

In general, to be protected, a design must:

 be independently created by the designer.

 be "new"– i.e., no identical design has previously been made available to the public and/or.
 be original – the design is not a copy or imitation of an existing design.

5.1.2 Industrial design and industrial design Act:

April 24, 2023 IPLF Design. The Designs Act, 2000 (“the Act”), is a complete code in itself and
protection under it is totally statutory in nature. It protects the visual design of objects that are not
purely utilitarian.

5.1.3 The Rights of industrial design enforced:

Industrial design rights are usually enforced in a court, generally on the initiative of the owner of
the rights, as provided for by the applicable law.

5.1.4 Industrial designs in IPR:

The industrial design recognizes the creation new and original features of new shape,
configuration, surface pattern, ornamentations and composition of lines or colors applied to articles
which in the finished state appeal to and are judged solely by the eye.

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5.1.5 Law is related to industrial design?

The registration and protection of industrial designs in India is administered by the Designs Act,
2000 and corresponding Designs Rules, 2001 which came into force on 11th May 2001 repealing
the earlier Act of 1911.

5.1.6 The procedure for registration of industrial design:

For small entity, Form 24 & documentary evidences.

1. b) Initial processing of Design Application. ...

2. c) Examination. ...
3. d) Acceptance and Notification. ...
4. e) Abandonment. ...
5. f) Hearing. ...
6. g) Registration and Publication. ...
7. h) Certificate of Registration. ...
8. i) Validity.

5.1.7 The duration of industrial design protection:

Exclusive rights: Protection provides exclusive rights for at least 10 years, so as to prevent or stop
others from commercially exploiting or copying the industrial design.

5.1.8 The term of protection of design registration?

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The duration of the registration of a design is initially ten years from the date of registration, but
in cases where claim to priority has been allowed the duration is ten years from the priority date.

5.1.9 The duration of the registration of design:

Validity of Design registration Design registration is valid for a period of 10 years and can be
extended for a further term of 5 years with the payment of the necessary fees.

5.1.10 The importance of registered design protection:

The significant purpose behind design Registration is to make sure that the artisan, inventor
designer of a design having artistic look is not dispossessed of his bona fide prize by any other
who are imitating his design to their own goods.

5.1.11 Registration of design?

Who can apply for a design in India? – Design application can be filed by any person/ proprietor
of any new or original design, which has not been previously published in any country and is not
contrary to public order or morality.

5.1.12 Cancellation of Registration of Design:

Section 19 of the Indian Designs Act 2000, allows cancellation of a registered design (at any time
after grant) if one or all of the following conditions are met: (i) the said design has been previously
registered in India; (ii) it has been published in India or in any other country prior to the date of
registration;

5.1.13 Apple vs Samsung case?

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The court ruled that Samsung violated one of Apple's utility patents, over the so-called "bounce-
back" effect in IOS and that Apple was in violation of two of Samsung's wireless patents. Apple's
claims that Samsung copied the designs of the iPhone and iPad were deemed invalid.

5.1.14 Classification of design patent in India:

India follow Locarno Classification for filing and registration of a design patent application
comprising 32 classes, numbered 1 to 31 and an additional class 99 to include articles not falling
under the aforesaid 31 classes.

5.1.15 Examples of design patent:

Some examples of design patents include ornamental designs on jewelry, automobiles or furniture,
as well as packaging, fonts and computer icons (such as emojis). Some famous design patent
objects include the original curvy Coca-Cola bottle (1915) and the Statue of Liberty (1879).

5.1.16 Design in IPR:

'Design' means only the features of shape, configuration, pattern or ornament or composition of
lines or colour or combination thereof applied to any article whether two dimensional or three
dimensional or in both forms, by any industrial process or means, whether manual, mechanical or
chemical, separate or combined,

5.1.17 Apple vs Samsung:

Since Apple has a large market share and is known for its versatile and fast operating system,
developers prefer to launch their apps and high-end games first on iOS and then on Android.

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Further, iOS runs on consistent hardware, while Android comes in different iterations and versions
depending on the phone.

5.1.18 Geographical indication?

A geographical indication (GI) is a sign used on products that have a specific geographical origin
and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign
must identify a product as originating in a given place.

In addition, the qualities, characteristics or reputation of the product should be essentially due to
the place of origin. Since the qualities depend on the geographical place of production, there is a
clear link between the product and its original place of production.

5.1.19 Geographical indication:

A geographical indication right enables those who have the right to use the indication to prevent
its use by a third party whose product does not conform to the applicable standards. For example,
in the jurisdictions in which the Darjeeling geographical indication is protected, producers of
Darjeeling tea can exclude use of the term “Darjeeling” for tea not grown in their tea gardens or
not produced according to the standards set out in the code of practice for the geographical
indication.

However, a protected geographical indication does not enable the holder to prevent someone from
making a product using the same techniques as those set out in the standards for that indication.
Protection for a geographical indication is usually obtained by acquiring a right over the sign that
constitutes the indication.

5.1.20 Types of Products:

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Geographical indications are typically used for agricultural products, foodstuffs, wine and spirit
drinks, handicrafts, and industrial products.

There are four main ways to protect a geographical indication:

 so-called sui generis systems (i.e. special regimes of protection);

 using collective or certification marks;
 methods focusing on business practices, including administrative product approval schemes;
and
 through unfair competition laws.
These approaches involve differences with respect to important questions, such as the conditions
for protection or the scope of protection. On the other hand, two of the modes of protection —
namely sui generis systems and collective or certification mark systems — share some common
features, such as the fact that they set up rights for collective use by those who comply with defined
standards.
Broadly speaking geographical indications are protected in different countries and regional
systems through a wide variety of approaches and often using a combination of two or more of the
approaches outlined above. These approaches have been developed in accordance with different
legal traditions and within a framework of individual historical and economic conditions.

What is the difference between a geographical indication (GI), an appellation of origin (AO), a
protected designation of origin (PDO) and a protected geographical indication (PGI)?

The term “geographical indications”, in its broad sense, includes a variety of concepts used in
international treaties and national/regional jurisdictions, such as: appellation of origin (AO),
protected designation of origin (PDO) and protected geographical indication (PGI). For instance,

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 “Geographical indication” is defined in the Agreement on Trade-Related Aspects of Intellectual

Property Rights (TRIPS) and in the Geneva Act of the Lisbon Agreement on Appellations of
Origin and Geographical Indications.
 “Appellation of origin” is defined in the Lisbon Agreement for the Protection of Appellations
of Origin and their International Registration and in the Geneva Act of the Lisbon Agreement
on Appellations of Origin and Geographical Indications.
 “Protected Designation of Origin (PDO)” and “Protected Geographical Indication (PGI)” are
terms used within the European Union.

5.2 Geographical Indication:

A geographical indication is a public property belonging to the producers of the concerned goods.
It shall not be the subject matter of assignment, transmission, licensing, pledge, mortgage or such
other agreement. However, when an authorized user dies, his right devolves on his successor in
title.

5.2.1 Geographical Indication Meaning:

India: 'Registered proprietors' meaning any association of persons or of producers or any

organization for the time being entered in the register as proprietor of the GI (s. 1(3)(n) of the Act).
Renewal at 10 years: s. 18(1).

5.2.2 Geographical Indication (GI) Uses:

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A geographical indication (GI) is a sign used on products that have a specific geographical origin
and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign
must identify a product as originating in a given place.

5.2.3 Registrar of GI:

—(1) The Controller-General of Patents, Designs and Trade Marks appointed under sub-section
(1) of section 3 of the Trade Marks Act, 1999, shall be the Registrar of Geographical Indications.

5.2.4 The conditions for registration of GI in India:

Application must be made in triplicate. The application shall be signed by the applicant or his
agent and must be accompanied by a statement of case. Details of the special characteristics and
how those standards are maintained. Three certified copies of the map of the region to which the
GI relates.

5.2.5 The GI Certification Marks:

They serve the same functions as trademarks because, like trademarks, they are source
identifiers—that is, they identify the geographic source of the goods or services, they can be
guarantees of quality if the owner controls use of the mark and requires authorized users of the GI
to conform with the production ...

5.2.6 GI Status?

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GI status gives consumers a guarantee of authenticity, quality and distinctiveness linked to origin,
while protecting producers ('GI users’) from competitors trying to exploit their reputation and
know-how developed to produce genuine high-quality products.

5.2.7 The requirements for registration of GI:

The following documents are required for registration of a geographical indication in India:

 Application for registration in the prescribed form.

 Statement of case.
 Details of the product, including its unique features, method of production, and the link between
the product and its geographical origin.

5.2.8 The rights of a registered proprietor of a GI:

Right to obtain relief in case of infringement of GI. Exclusive right to use of the GI in relation to
the goods for which GI is registered.

5.2.9 Registered for GI in India:

Adding to the present collection of GIs, 09 new items from various states of India such as Gamosa
of Assam, Tandur Redgram of Telangana, Raktsey Karpo Apricot of Ladakh, Alibag White Onion
of Maharashtra etc. have been given the coveted GI Tags. With this the total number of GI Tags
of India comes to 432.

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5.3 Case Study Introduction

Each of the following cases involves an important research tool in molecular biology, and
each was chosen to illustrate a form of protection of intellectual property and a pattern of
development involving both the public and the private sector. For each case, we present
background material and a summary of the discussion that raised issues peculiar to the case.

The ideal strategies for the handling of intellectual property in molecular biology are not always
immediately obvious, as these case studies illustrate. For most, final decisions have not been made
about how access to these research tools will be controlled. Such decisions might be modified in
response to both scientific and legal developments.

5.3.1 Case Study on Neem, Turmeric and Basmati Rice:

 1. Issues arising out of Turmeric, Basmati Rice and Neem Course:- IPR, Good Lab Practices and
Bioethics Msc Biotech 3 Roll no.: 1921913 Presented by: Gursheen Kour Submitted to: Dr. Sonica
Sondhi.

 2. Biopiracy: when indigenous knowledge is patented for profit Biopiracy happens when
researchers or research organizations take biological resources without official sanction, largely
from less affluent countries or marginalized people. Biopiracy is not limited to drug development.
It also occurs in agricultural and industrial contexts. Indian products such as the neem tree,
tamarind, turmeric, and Darjeeling tea, etc have all been patented by foreign firms for different
lucrative purposes. In 2000, WIPO members established an Intergovernmental Committee on
Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC), and in

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2009 they agreed to develop an international legal instrument (or instruments) that would give
traditional knowledge, genetic resources and traditional cultural expressions (folklore) effective
protection.

 3. Case Study: Turmeric (Curcuma longa)  In India, the turmeric has been “a classic
grandmother’s remedy”, applied to cuts of children as an anti-parasitic agent, used as a blood
purifier and in treating the common cold for generations.  It is also used as an essential ingredient
in many Indian dishes. It is of our traditional knowledge.  In 1995, two expatriate Indians at the
University of Mississippi Medical Centre were granted U.S. Patent 5,401,504 on Use of Turmeric
in Wound Healing.

 4.  The claim covered “a method of promoting healing of a wound by administering turmeric to

a patient afflicted with wound”. This patent also granted them the exclusive right to sell and
distribute turmeric. Initially, this news was a disbelief and surprised many people in India.  In
1996, The Council of Scientific & Industrial Research (CSIR), India, New Delhi requested the US
Patent and Trademarks Office (USPTO) to revoke the patent on the grounds of existing of prior
art. CSIR did not succeed in providing that many Indians already use turmeric for wound healing
although turmeric was known to every Indian household for ages. The patent was promptly
challenged by Dr. R A Mashelkar, an Indian scientist who has done much to awaken India to
Intellectual Property Rights issues, Director general of Council of Scientific and Industrial
Research (CSIR) (1995-2006).  Fortunately, it could provide documentary evidence of traditional
knowledge including ancient Sanskrit text and a paper published in 1953 in the Journal of the
Indian Medical Association. The patent was revoked in 1997, after ascertaining that there was no
novelty.

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 6. Case Study: Neem (Azadirachta indica) There are approximately 14 million neem trees
(Azadirachta indica) in India. Access to neem products was very cheap (if not free) and easy to
get. It is a tropical evergreen, related to the mahogany, that mainly grows in arid regions of India
and Burma and Southwest Asia and West Africa. The neem tree has many versatile traits that
can be traced back to the Upavanavinod, an ancient Sanskrit treatise dealing with agriculture. This
treatise cites the neem tree as a cure for ailing soil, plants and livestock. The tree has been referred
to as the 'curer of all ailments' and the 'blessed tree' by both the Hindu and Muslim population in
India. The leaves and the bark have been used to treat illnesses such as leprosy, ulcers, diabetes
and skin disorder.

 9. Case Study: Basmati Rice Originally from India and Pakistan, Basmati became a
controversial ‘issue’ after RiceTec, a Texas-based company, in 1997, patented some types of rice
they developed as “American basmati”. RiceTec Inc, had been trying to enter the international
Basmati market with brands like “Kasmati” and “Texmati”. Ultimately, the company claimed to
have developed a new strain of aromatic rice by interbreeding basmati with another variety. They
sought to call the allegedly new variety as Texmati or American Basmati.  RiceTec Inc, was
issued the Patent number 5663484 on Basmati rice lines and grains on September 2, 1997.

 10. This was objected to by two Indian nongovernmental organizations (NGOs) — Centre for
Food Safety, an international NGO that campaigns against biopiracy, and the Research Foundation
for Science, Technology and Ecology, an Indian environmental NGO who filed Electronic copy
available at: [Link] legal petitions in the United States. The Centre for
Scientific and Industrial Research also objected to it. The Centre for Scientific and Industrial
Research also objected to it. ü They sought trade protection for basmati rice of the Indian
subcontinent and jasmine rice of Thailand. They demanded amendment of U.S. rice standards to
specify that the term “basmati” can be used only for rice grown in India and Pakistan, and jasmine

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for the Thai rice. The Indian government, after putting together the evidence, officially challenged
the patent in June 2000.

 11. Issues:  The patent was challenged on the fact that the plant varieties and grains already
exist as a staple in India.5 75 percent of U.S. rice imports are from Thailand and that the remainder
is from India and Pakistan and both varieties are rice that cannot be grown in the United States.
The legal theory is that the patent is not novel and for an invention that is obvious, being based on
rice that is already being imported in the United States, therefore it should not have been granted
in the first place.  Trademark law could also be a basis for challenging the use of basmati.
RiceTec and to prevent it from marketing basmati rice in a way that creates confusion with the
Indian product. But, in order to be successful on such a claim, the Indian government would have
to show likelihood of confusion among consumers. RiceTec did not trademark the term ‘basmati’
and it has been careful in marketing its product so as not to use the term basmati as an indication
of source.  As a result of the re-examination application filed by the Indian government, RiceTec
agreed to withdraw several of the claims. In January 29, 2002, the United States Patent and
Trademark Office issued a Re- examination Certificate cancelling claims 1-7, 10, and 14-20 (the
broad claims covering the rice plant) out of 24 claims and entered amendments to claims 12- 13
on the definition of chalkiness of the rice grains.

 12. Conclusions: • This has prompted some countries to develop their own sui generis systems
for protecting traditional knowledge. However, the parameters and modalities are being worked
out. The broad objectives under sui generis systems would be determination of protectable subject
matter, ownership rights and procedure for acquiring rights. • Furthermore, sui generis systems
protected under national law may not hold true for other countries. Therefore, many indigenous,
local communities and governments are pressing for an international legal instrument.
Recognizing and valuing traditional mode of creativity and innovation as protectable intellectual
property would definitely be an historic shift in international law, empowering indigenous

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communities as well as governments to have a say over the use of their traditional knowledge by
others.

5.4 What is the National IPR Policy? About:

The Department for Promotion of Industry and Internal Trade (DPIIT) under the Ministry of
Commerce adopted the National Intellectual Property Rights (IPR) Policy in 2016. The main goal
of the policy is "Creative India; Innovative India".

5.5 Schemes and Programmes:

5.5.1 Central Government Schemes and Programmes

1. Scheme for Facilitating Start-Ups Intellectual Property Protection

The central government brought a Scheme for Facilitating Start-Ups Intellectual Property
Protection (SIPP) with a vision to protect and promote intellectual property rights of start-ups and
thus encourage innovation and creativity among them. SIPP is envisaged to facilitate protection of
Patents, Trademarks and Designs of innovative and interested start-ups.

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Under this scheme start-ups do not have to pay fee to the registered facilitator for the facilitation,
it will be reimbursed by the central government through CGPDTM by respective IP offices
according to fees schedule in SIPP scheme upon submission of claim after filing of application as
per the guidelines. The statutory fees have to be borne by the start-up itself. The fees fixed by the
scheme to be paid to the registered facilitator is as follows 1:

Stage of Payment Patent Trademark Design

At the time of filing of Application Rs 10,000 Rs 2,000 Rs 2,000

At the time of final disposal of Application (Without Opposition) Rs 10,000 Rs 2,000 Rs 2,000

At the time of final disposal of Application (With Opposition) Rs 15,000 Rs 4,000 Rs 4,000

2. Patent Facilitation Programme (TIFAC)

TIFAC is autonomous organization under Department of Science & Technology mandated to

access the state-of-art technology and to formulate a technology vision for development of
technology in emerging technological areas in India.

Patent Facilitation Programme (PFP) of Department of Science and Technology has established
Patent Facilitating Cell (PFC) at TIFAC with an aim to create awareness and training programme
on IPR in the country, to extend assistance on protecting IPRs to the inventors from Govt.
organizations, Central and State Universities, evolving policies at the national level and providing
technical input to the government on IPR related issues. 2

The patent and IP applications are drafted and filed through IP firms on the panel of TIFAC and
the cost for these filings is borne by Department.

3. Intellectual Property Facilitation Centre (NRDC)

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National Research Development Council (NRDC) was established by Government of India with
primary objective to promote, develop and commercialize the technologies, inventions, patents,
processes emanating from various R&D institutions or universities and is presently working under
Department of Scientific & Industrial Research.

Intellectual Property Facilitation Centre (IPFC) at NRDC is a joint initiative of NRDC and
MoMSME which aims to promote awareness among entrepreneurs and MSMEs in India, they
organize training programmes on IPR and provide services in assistance and guidance in
registration of Copyright, Design, Trademark, Patents and GIs.

For Patents, they provide pre-filing services, prior art search, patent filing support with provisional
specification and support for further proceedings and post grant. 3

Application for patent can be done on the official website of NRDC 4

4. Biotechnology Patent Facilitation Cell (Department of Biotechnology)

Department of Biotechnology works under Ministry of Science & Technology and provides
services in the areas of research, infrastructure, generation of human resource, popularization of
biotechnology, promotion of biotech industries, establishing centers of excellence.

Department of Biotechnology established Biotechnology Patent Facilitation Cell (BPFC) with an

aim to provide awareness cum facilitation mechanism to create awareness about IPRs among
scientists and researchers.

As per the policy of DBT, all patent applications shall be filed in the name of DBT and host
institution and it not have any financial or commercial interests in the patent 5.

The application form for patent is given on the official website 6

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5.5.2 State Government Schemes

1. ANDHRA PRADESH

Technology &Innovation Support Centre (TISC)

TISC is established by World Intellectual Property Organization (WIPO) with the support of
Department of Industrial Policy & Promotion (DIPP). The services provided by TISC to innovators
and startups of region are

 Filing of Patents, Designs, Trademarks and Copyrights.

 Facilitating access to International standard IP facilities to innovators.
 IP commercialization, technology transfer & licensing.

IPFC- Vishakhapatnam is the facilitation centre in the state of Andhra Pradesh which is also the
centre for TISC. 18

Andhra Pradesh Innovation Society

Andhra Pradesh Innovation Society is a dedicated agency within ITE&C department of the state
exclusively overseeing the implementation of the innovation and start up policy with a vision to
create a world class technology start-up ecosystem by fostering entrepreneurship a culture of
innovation which contributes to increased knowledge, wealth and employment in our society.

In association with National Research Development Corporation (NRDC), this society facilitated
an Intellectual Property Facilitation Center to help start-ups, MSMEs, industrial and academia
across the state. Services offered are patent filing, copyright, trademark registration, technology
transfer and commercialization, IPR awareness programs, global patent search. 19

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2. ASSAM

Patent Information Centre at Guwahati was set up in collaboration with TIFAC to provide
guidance to the innovators in respect of getting their Intellectual Property Rights. The assistance
for IPRs is given according to the rules of TIFAC. 20

Assam Start up Policy 2017

Objective of the policy is to facilitate the growth of 1000 new startups over next 5years to create
1 lakh direct and indirect employment opportunities and to create a culture of entrepreneurship in
Assam by promoting and empowering the youth to pursue their entrepreneurial dreams.

The Government shall reimburse 100% of the actual costs (including filing fees, attorney fees,
search fees, maintenance fees) with a maximum limit of Rs 1 lakh for filing a domestic patent and
up to Rs 5 lakh for filing an international patent. This reimbursement shall be payable 75% after
the patent is filed and the balance 25% after the patent has been granted. 21

3. BIHAR

Bihar Start-Up policy, 2017

Objective of this policy is to provide appropriate institutional support to enable the nurturing of
startups and create a platform for accessing multiple avenues that provide financial support to
encourage investors through incentives to invest in Bihar start-ups

The state will bear all costs associated with the filing of domestic patents and reimburse the filing
fees for awarded foreign patents.

Eligibility: - startups have to be certified by the nodal agency.

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Application procedure:- register on the startup Bihar portal, get recognized and apply for the
benefit through it. 22

4. CHHATTISGARH

Patent Information Center

Patent Information Centre has been established with technical and financial support from the
Technology Information Forecasting and Assessment Council (TIFAC), Department of Science &
Technology, Govt. of India under the aegis of Chhattisgarh Council of Science & Technology with
the objective, to create awareness about Intellectual Property .Rights (IPRs) and enable patent
searches, to analyze the patent information on a regular basis and suggest new programmes for
R&D Institutions & to Guide the inventors in respect of patenting their invention. 23

5. GOA

Goa Start-Up policy, 2017

Objective of this policy is to provide assistance to the Goan entrepreneur and local start-ups, create
employment and to ensure continuous evolution of policy measures and creations of responsive
policy framework for accelerating growth start-up ecosystem.

There will be a reimbursement of 50% of the cost incurred by the start-up concerned in fees and
all other costs associated with patent application, if the patent is registered successfully subject to
a cap of Rs 2 lacs for national patents and Rs5 lakh for international patents. 24

6. GUJRAT

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Intellectual Property Facilitation Centre

To create awareness of Intellectual Property Rights (IPRs) and to facilitate the IPR registration for
MSMES, Intellectual Property Facilitation Center (IPFC) has been setup at Patent Information
Centre GUJCOST, in collaboration with Ministry of MSME under the National Manufacturing
Competitiveness programme (NMCP), scheme of MSME, GOI 25.

Patent Information Centre

Patent Information Centre (PIC), Gujarat has been set up under Gujarat Council on Science and
Technology at Gandhinagar in collaboration with Patent Facilitation Centre, Technology
Information, Forecasting& Assessment Council (TIFAC), Department of Science and Technology,
Government of India, New Delhi This centre is providing regional level services regarding various
Intellectual Property Rights. Patent Information Centre in collaboration with TIF AC is facilitating
for the patent search and Patent registration for the Academic and Research Institutes 26

Start-up Policy 2016-21

The objective of this policy is to create a vibrant startup culture where in ideas materialize into
products, entrepreneur mentored, to establish incubators and facilitate startups.

Reimbursement will be provided to eligible startups at the rate of 75% of cost of obtaining patent
subject to ceiling of Rs. 2 Lakhs per patent for domestic patent and Rs 5 lakh per patent for
international patent, fees paid to patent attorney and patent service centre will be considered
eligible expenditure towards cost of computing assistance. Total quantum of assistance for
obtaining such patent shall be limited to Rs 10 lakh for international and Rs 4 Lakh for domestic
patents per startup. 27

7. HARYANA

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Haryana Entrepreneur and Start-up Policy, 2017

Objective of this policy is to attract investments into the incubation and startup ecosystem, build
incubation center across state and aligning Haryana with the 'Startup India' flagship initiative of
Govt. of India.

Cost reimbursement for max 3 Patent/Quality certification per Unit up to a limit of INR 2 lakh for
domestic & INR 5 lakh for International Patent/Quality certification upon successfully receiving
them. 28

Patent Information Centre

Patent Information Centre had been set up as a joint project of Department of Science &
Technology and Haryana State Council for Science & Technology to boost the growth of IPRs for
the economic benefit of the state. The assistance to intellectual property rights is given in
accordance to the Patent Facilitation Cell of TIFAC. 29

8. HIMACHAL PRADESH

Patent Information Centre

Objective of Himachal Pradesh Patent Information Centre is to create awareness about IPRs in the
state, enable patent searches, to facilitate universities, industry and government departments for
patent filing and searches, GI registration, Copyrights, Industrial Design etc.

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Himachal Pradesh Council for Science, Technology & Environment, Shimla continues the activity
of Patent Information Centre (PIC) in the state of Himachal Pradesh at Shimla with technical and
financial support from Department of Science & Technology, New Delhi/PFC, TIFAC. 30

9. JHARKHAND

Jharkhand Start-up Policy, 2016

Objective of this policy is to create a conducive and enabling ecosystem to facilitate the growth
and scaling of startups, create fund of funds by public private partnership to promote startups in
the state and to facilitate the development of at least 100 innovative technology startups.

The State Government will fully reimburse the costs incurred by Startups while filing domestic or
international patents 31

10. KARNATAKA

Karnataka Start-up Policy 2015-2020

The goal of this policy is to stimulate the growth of technology-based startups including product
startups, creation of direct and indirect employment and mobilize funding for investment in
startups.

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For Domestic Patents: The cost of filing and prosecution of patent application will be reimbursed
to incubated startup companies up to a limit of Rs. 2 lakh per Indian patent awarded

For Foreign Patents: For foreign patents on a single subject matter, up to Rs. 10 lakhs (Rs. 1
Million) will be reimbursed to incubated startups

The reimbursement will be done in 2 stages - 75% after the patent is filed and the balance 25%
after the patent is granted. 32

Patent Information Centre was set up in collaboration with TIFAC of Department of Science
and Technology to provide guidance to the innovators in respect of getting their Intellectual
Property Rights. The assistance for IPRs is given according to the rules of TIFAC. 33

Intellectual Property Facilitation Centre

IPFC at Mysore was established by Confederation of Indian Industry in association with

MoMSME with an objective to boost IP culture in the state. The services provided are

 IP training and awareness

 IP protection facilitation services
 IP management services

11. KERALA

Kerala Start-up Mission

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Government of Kerala initiated the startup movement through Kerala Startup Mission by forging
and implementing forward-looking policies for creating a vibrant start up ecosystem in the state
primarily to foster the growth of innovation lead technology entrepreneurship. To promote
the technology based entrepreneurship activities, create infrastructure and environment to
promote entrepreneurial activities. 34

Government of Kerala as part of encouraging startups for obtaining Patents has devised a scheme
for reimbursing patent registration charges for startups.

Offerings:

 Up to Rs 2 Lakh reimbursement for India Patent

 Up to Rs 10 Lakh reimbursement for US Patent 35

Patent Information Centre was set up in collaboration with TIFAC of Department of Science
and Technology to provide guidance to the innovators in respect of getting their Intellectual
Property Rights. The assistance for IPRs is given according to the rules of TIFAC.

12. MADHYA PRADESH

MP Incubation and Start-up Policy 2016

Objective of this policy is to strengthen the startup culture in Madhya Pradesh, to promote and
develop employment opportunities for the youth, encourage and inspire youth to develop
innovative ideas.

Cost reimbursement for patent per unit up to a limit of Rs. 2 lakhs for domestic & Rs. 5 lakhs for
international patent upon successfully receiving them. It can be availed by Entrepreneurs/startups
running in the incubators need to be registered as company or under MSME Act, Govt of India
before availing incentives. 36

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Intellectual Property Facilitation Centre

Ministry of MSMEs has set up Intellectual Property Facilitation Center (IPFC) for MSME at Patent
Information Center (PIC), M.P. Council of Science & Technology Bhopal under National
Manufacturing Competitiveness Program (NMCP). The IP Facilitation Centre exclusively for
MSME sector will facilitate the filing of Patents, Designs, Trademarks, Copyrights, Geographical
Indications etc. from the MSME sector.

13. MAHARASHTRA

Maharashtra Start-up Policy 2018

Objective of this policy is to provide a platform and nurture entrepreneurial aspect among the
citizens of Maharashtra, empowering start ups and create employment opportunities.

Special one-time incentive of Rs. 5,000 per candidate subject to an upper limit of Rs. 1 lakh per
startup for a period of 3 years GoM will ensure that these start-ups sustain by providing assistance
in filing of Patents, Trademarks and Designs. Both technical and financial assistance will be
provided to the Start-ups to withstand in this competitive world. Start-ups shall be provided with
an 80% rebate in patent filing costs up to INR 2 lakhs for Indian patents and up to INR 10 lakhs
for international patents. Compensation will be provided in three stages: during Filing, Prosecution
and Award. 37

Maharashtra State Innovation Society (MSInS)

Maharashtra State Innovation Society has been established under Department of skill development
and Entrepreneurship, Government of Maharashtra with an objective to foster innovative
promotion platform to academics, entrepreneur, researchers and Government. MSInS is state level
nodal agency for implementing and monitoring the Maharashtra State Innovative Startup Policy
2018.

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Compensation/Reimbursement is provided in 2 ways:

1. Utilization of IPR services through empanelment facilitators.

2. Through Reimbursement
3. Post Filing
4. Post Grant

14. ODISHA

Odisha Start-up Policy 2016

Objective of this policy is to create enabling environment and supporting eco-system that
facilitates startups and to create a strong institutional framework for effective implementation,
monitoring and evaluation of this initiatives.

Startups will be reimbursed 100% of the patent registration cost up to maximum of Rs.10 Lakhs 38

Patent Information Centre

Patent Information Centre (PIC) has been set up under State Council on Science & Technology,
Science & Technology Department, Government of Odisha, Bhubaneswar in collaboration with
the Patent Facilitating Centre (PFC), Technology Information, Forecasting and Assessment
Council (TIFAC), Department of Science & Technology (DST).

Its objective is to create awareness among the people on IPR, provide technical and legal
assistance in filing of patent and technical support for filing of Geographic Indications(GI) and to
clear queries of IPR. 39

15. PUNJAB

Technology &Innovation Support Centre (TISC)

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TISC is established by World Intellectual Property Organization (WIPO) with the support of
Department of Industrial Policy & Promotion (DIPP). The services provided by TISC to innovators
and startups of region are

 Filing of Patents, Designs, Trademarks and Copyrights.

 Facilitating access to International standard IP facilities to innovators.
 IP commercialization, technology transfer & licensing. 40

16. RAJASTHAN

Patent Information Centre was set up in collaboration with Technology Information Forecasting
and Assessment Council (TIFAC), DST - Govt. of India. Services provided by it are

 patent searches,
 creating awareness on IPR,
 Analysis of Patent Information
 IPR training

Patent Information Centre works in accordance with rules of TIFAC. 41

17. SIKKIM

Patent Information Centre

The objective of Patent Information Centre is to create awareness about Intellectual Property
Rights (IPR), especially Patents, Geographical Indication (GI), etc. To facilitate filing and searches
of related IPR to the universities, industry, government departments & R&D institutions. 42

18. TAMIL NADU

Patent Information Centre

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43
Patent Information Centre (PIC), Tamil Nadu has been set up under the aegis of Council of
Science & Technology, Tamil Nadu in collaboration with Patent Facilitating Cell, Technology
Information, Forecasting & Assessment Council (TIFAC), Department of Science & Technology,
Government of India, New Delhi to provide regional level services regarding patents. Scientists,
technologists, researchers, innovators, R&D establishments, financial institutions, business
entrepreneurs, non-government organizations (NGOs) and individuals are eligible to utilize the
facilities of Patent Information Centre (PIC).

Tamil Nadu Technology Development & Promotion Centre (CII)

44
TNTDPC renders support to the Micro, Small & Medium Enterprises, Academia, Entrepreneurs
and individual innovators in Tamil Nadu and assist them to reach out in global market through
effective IPR protection. The centre provides services relating to patent search, drafting and filing
of patents, prosecution, replies to FER & office actions, filing and prosecution of Design Trade
Mark, Copyright and IP management services.

19. TELANGANA

Telangana Innovation Policy 2016

The aim of innovation policy is to build up positive response to the launch of T-Hub (innovation
ecosystem of Telangana) with its focus on Information Technology, Health Technology,
Sustainability, Fin tech etc.

The cost of filing and prosecution of patent application will be reimbursed to the incubated startup
companies subject to a limit of Rs. 2 lakhs (0.2 million) per Indian patent awarded. For awarded
foreign patents on a single subject matter, up to Rs. 10 lakhs (1 Million) would be reimbursed. The
reimbursement will be done in 2 stages, i.e., 50% after the patent is filed and the balance 50% after
the patent is granted. The only eligibility criteria is that the start-up must be incorporated in
Telangana. 45

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20. UTTAR PRADESH

Intellectual Property Facilitation Centre for MSMEs

Intellectual Property Facilitation Centre (IPFC) at NRDC is a joint initiative of NRDC and
MoMSME which aims to promote awareness among entrepreneurs and MSMEs in India, they
organize training programmes on IPR and provide technical support in facilitating IP rights
protections through Patent Facilitating Centre, TIFAC. 46

21. UTTARAKHAND

Uttarakhand State Start-up Policy-2018

MSME department of the state is responsible for implementation of this policy and its functions
are to prepare guidelines, setup mechanism and process for startups, incubators, service providers
etc and to enable a conducive startups ecosystem in the state.

Start-Ups will be eligible for reimbursement of up to 100% of actual cost of Patent fees (including
filing fees, Attorney Fees, research fees, maintenance fees). Reimbursement of up to Rs 1 lakh for
Indian Patent and up to 5 lakhs for international patent will be payable. 75% of the reimbursement
will be payable at the time of filing of application and 25% reimbursement at the time of
prosecution. 47

All aspects of protection and registration of Intellectual Property Rights including technology
commercialization is being facilitated by the Patent information center.

22. WEST BENGAL

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Patent Information Centre was set up in collaboration with Technology Information Forecasting
and Assessment Council (TIFAC), DST - Govt. of India. Services provided by it are

 patent searches,
 creating awareness on IPR,
 guiding inventors in patenting their invention 48

PIC works in accordance to rules and with assistance of TIFAC.

5.6 FOOTNOTES

1. [Link]

2. [Link]

3. [Link]

4. [Link]

5. [Link]
programmes/patent-facilitation

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6. [Link]

7. [Link]

8. [Link]

9. [Link]
%E2%80%93-ii-micro-small-and-medium

10. [Link]

11. [Link]

12. [Link]

13. [Link]

14. [Link]

15. [Link]

16. [Link]
Q5xPRoWonYW4oy4Yt76Di8pmyWCBMxMsAtKhxlAI3nUoaW6GmcrPl2YJg==

17. [Link]

18. [Link]

19. [Link]

20. [Link]

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21. [Link]
india/Templates/public/state_startup_policies/Assam_State_Policy.pdf

22. [Link]

23. [Link]

24. [Link]

25. [Link]

26. [Link]

27. [Link]

28. [Link]
india/Templates/public/state_startup_policies/Haryana_Startup-[Link]

29. [Link]

30. [Link]

31. [Link]
india/Templates/public/state_startup_policies/Jharkhand%20Startup%[Link]

32. [Link]
india/Templates/public/state_startup_policies/Karnataka_Startup_Policy.pdf

33. [Link]

34. [Link]

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35. [Link]
india/Templates/public/Kerala%20Startup%20PolIcy%[Link]

36. [Link]
india/Templates/public/state_startup_policies/Madhya_Pradesh%20Incubation%20&%20Startup
%20Policy%[Link]

37. [Link]
india/Templates/public/state_startup_policies/Maharashtra_State_Innovative_Startup_Policy_20
[Link]

38. [Link]

39. [Link]

40. [Link]

41. [Link]
gov/en/SCIENTIFICSCHEMES/[Link]

42. [Link]

43. [Link]

44. [Link]

45. [Link]
india/Templates/public/state_startup_policies/[Link]

46. [Link]

47. [Link]

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48. [Link]

Originally published 13 May, 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist
advice should be sought about your specific circumstances.

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