​​‘Startups’ redefined in respect of patents in India

December 6, 2017 16:10 IST

On 1 December 2017, the Department of Industrial Policy and Promotion published a amendment to the Patent Rules, 2003 to revise the definition of the term Startup to bring it in line with the Startup India Initiative of the Government of India.

Now for the purpose of claiming fee reduction and other benefits under the Patents Act, 1976, an entity must have been recognised as a Startup by the authority established under the Startup India Initiative. In case of foreign entities, it must fulfill the criteria prescribed under the Startup India Initiative in respect of turnover and period from incorporation and submit a declaration to that effect.

As per the 2016 amendments to the Patent Rules, a Statup entity is eligible for up to 80% reduction on all fees payable in respect of prosecution of patent application before the patent office. Also, Startup entities, on the payment of ₹ 8,000, can request for expedited examination of their patent application for speedy disposal as early as within 6 months.