International Patent Protection Schemes for MSMEs in India

July 23, 2025 by Abhishek Chauhan

Discover how Indian MSMEs can secure international patents using PCT, Convention applications, and government support schemes—covering costs, eligibility, and strategic benefits.

Importance of Global IP Protection for Indian MSMEs

In the evolving global innovation landscape, Indian Micro, Small, and Medium Enterprises (MSMEs) and DPIIT-recognized startups are increasingly developing high-value, export-oriented, and technologically advanced products and services.

Limiting patent protection to India alone leaves these inventions vulnerable to imitation or misappropriation in major foreign markets.However, international patent filing can be financially burdensome.

To facilitate equitable access to IP protection, the Indian government—through targeted initiatives and schemes—has institutionalized reimbursement and facilitation mechanisms to reduce the financial and procedural barriers for MSMEs.

Strategic Benefits of International Patent Protection

Benefit Rationale
Market Expansion Prevents unauthorised use or replication in foreign markets
Licensing & Monetization Enhances commercial value through global licensing deals
Investor Attractiveness Enhances credibility during funding or due diligence rounds
Legal Enforcement Allows assertion of rights in key jurisdictions
Global Branding "Patent Pending" status improves consumer trust and exclusivity

1. MSME Champions Scheme – IP Facilitation Component

Governing Authority: Ministry of MSME
Objective: To empower MSMEs to protect their IP globally

Features:

  • Financial Assistance: Reimbursement of up to ₹5,00,000 for foreign patent applications (via PCT or Convention route)

  • Covered Expenses:

    • Drafting charges

    • Translation and filing fees

    • Agent or attorney professional fees

  • Mode of Implementation: Only through registered IP Facilitation Centres (IPFCs)

  • Reimbursement Deadline: Within 1 year from the date of payment or filing, as per the latest 2024 guidelines

Portal: https://msme.gov.in

2. SIPP Scheme (Startup Intellectual Property Protection)

Governing Authority: DPIIT and CGPDTM
Revised Validity: Extended till March 31, 2026 under the 2024 guidelines

Key Highlights:

  • Eligibility: DPIIT-recognized startups

  • Facilitator Panel: Government-approved IP professionals assist in end-to-end prosecution

  • Coverage Includes:

    • Drafting & Filing

    • Office Action Responses

    • Grant Proceedings

  • Applicable Routes: Both PCT and Paris Convention filings

  • Professional Fee Waiver: 100% of facilitator charges borne by the government (official fee not waived)

Portal: https://www.startupindia.gov.in

3. Patent Cooperation Treaty (PCT) Filing

The PCT, administered by WIPO, allows Indian MSMEs to file one international patent application to secure rights in up to 157 member states.

Key Features:

  • Preserves Priority for 30/31 Months

  • Delays High Costs of National Filings

  • Access to ISR & IPRP to assess patentability before entering national phases

  • Facilitates Fundraising, Market Testing, and Partner Onboarding

4. Paris Convention Route

Allows Indian MSMEs to file directly in one or more member countries within 12 months of the Indian priority date.

When to Choose:

  • Targeting limited jurisdictions

  • Faster filings without delay

  • Avoiding the cost and procedural delay of PCT

Note: You may not combine both routes simultaneously for the same priority application.

Cost Snapshot

Filing Stage Estimated Cost (USD)
PCT Filing (WIPO) $1,400 – $2,000
National Phase Entry (per country) $3,000 – $8,000
Translation & Agent Fees $1,000 – $4,000
Potential Reimbursement Up to ₹15,00,000 (Govt. Schemes)

Note: Amounts depend on the number of claims, pages, legal representatives, and translation complexity. Latest guidelines cap support based on documentary proof.

Essential Documents

Document Purpose
Copy of International Patent Application Proof of foreign filing
Invoices/Receipts of Expenses Proof of actual expenditure (filing, translation, agent)
MSME Certificate or Udyam Registration Mandatory for MSME scheme
DPIIT Recognition Certificate Mandatory for SIPP scheme
Facilitator Invoice (SIPP) In standard format approved by DPIIT
CA-Certified Cost Sheet Required for reimbursement verification
Undertaking/Declaration Compliance with scheme conditions

Conclusion

Leveraging IP for Global Growth

With multiple schemes in place and renewed commitment from the Government of India, Indian MSMEs now have a credible and cost-effective pathway to secure international IP protection.

Action Points for MSMEs:

  • Register on the Udyam portal or Startup India portal

  • Approach IPFCs or registered SIPP facilitators early

  • Maintain proper documentation for all filing-related expenses

  • Leverage the PCT system for broad global coverage

Remember: International IP protection is not a luxury—it is a strategic necessity. Take advantage of these schemes to future-proof your innovations and gain a competitive edge globally.

FAQs – Government Schemes for Global Patent Filing

Q1. Is SIPP available for non-startups?
👉 No. It is strictly for DPIIT-recognized startups. MSMEs must use IPFC schemes.

Q2. Can I get post-facto reimbursement for filings done last year?
👉 Possible only if documents were maintained and the application was made within the scheme’s prescribed deadlines.

Q3. Can one invention get funding under both SIPP and MSME schemes?
👉 No. Double reimbursement is strictly disallowed. Choose the applicable scheme.

Q4. Are renewals or annuity fees reimbursable?
👉 No. These schemes only cover up to the grant phase, not post-grant maintenance.

Q5. Do I need a facilitator for SIPP?
👉 Yes. Only government-notified facilitators are eligible for claiming support.

 

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