Documentation for Compliance & Rebate (India) Document Relevance Patent Registration Certificate To establish Sec. 115BBF eligibility Licensing Agreement Proof of royalty income Royalty Receipts & Invoices Required for GST and income tax audit Development Records To show the invention was self-developed Bank Statements / TDS Certificate For record of payment and tax deduction Practical Tips for IP Income Tax Optimization Register the patent in India – Foreign patents don’t qualify for concessional tax.

Copyright protects the code, UI, and documents that embody your invention.

A well-strategized and well-documented reply is key to protecting your IP rights.

Step 2: Review Your FER Reply and the Controller’s Objections Revisit: The original First Examination Report (FER) Your previously filed FER reply Any amendments or documents submitted after that Objective: Determine: Which objections have already been resolved Which ones are still active or critical Whether Section 3, novelty, or inventive step are the main issues Example: If the Controller has raised objections under Section 3(d), your focus should be on proving enhanced efficacy or technical advancement over known substances.

It usually includes: Section Description Point-wise response Reply to each objection clearly Prior art analysis Distinguish your invention from cited prior art Claim amendments Narrow or reword claims to overcome objections Technical proof Data, examples, or diagrams (if applicable) Revised documents Updated specification, drawings, or forms Common FER Objections & How to Respond Objection Type Strategy Lack of Novelty Show how your invention differs from cited documents Obviousness / Inventive Step Highlight unexpected advantages or technical challenges solved Insufficient Disclosure Add examples or expand the description section Non-Patentable Subject Matter Argue legal exceptions (esp. for Section 3(k), 3(d), etc.)

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.

  Ordinary Patent Application (Non-PCT Filing) Mandatory Documents: S.

Step 1: Drafting the Specification Prepare a technically robust document focusing on: Core inventive concept Practical implementation Illustrative figures or diagrams Step 2: Prepare and Submit the Required Forms Form Purpose Form 1 Application for grant of patent Form 2 Provisional Specification Form 5 Declaration of inventorship Form 26 Authorization of Patent Agent (if applicable) Step 3: Pay the Government Fee (Details Below) Step 4: Submit Online via Indian Patent Office Portal   Fee Structure: Filing, Pages, Claims & Sequencing Base Filing Fee (Provisional or Complete) Applicant Type Up to 30 pages & 10 claims Natural Person / Startup / Small Entity ₹1,600 Large Entity / Educational Institution ₹8,000 Additional Fee for Extra Pages (Beyond 30 Pages) Entity Type Per Additional Page Natural Person / Startup / Small Entity ₹160 Large Entity ₹800 Additional Fee for Extra Claims (Beyond 10 Claims) Entity Type Per Additional Claim Natural Person / Startup / Small Entity ₹320 Large Entity ₹1,600 Sequence Listing Fee (Rule 9(3)) Applicable if the application includes nucleotide or amino acid sequence listings.

Restoration Timeline Event Timeline Lapse Trigger 6 months post renewal due date (grace period ends) File Form 15 Within 18 months from the date of lapse Journal Publication IPO publishes application; 2-month opposition window Controller’s Decision Post-opposition window or clarification, if needed Illustration:Patent renewal due: 31 March 2024Grace period ends: 30 September 2024Form 15 deadline: 31 March 2026 Step 1: File Form 15 Include statement explaining unintentional lapse Pay Form 15 fee and attach supporting documents Pay all pending renewal fees and surcharges Step 2: Controller's Examination Assesses whether the default was unintentional May seek additional justification or evidence Step 3: Publication in Patent Journal Restoration request is published for transparency Third parties may file opposition within 2 months Step 4: Final Decision If no opposition or objections are resolved, the Controller passes an order restoring the patent Fees for Restoration Restoration involves multiple fee components under the Patents Act and Rules: Applicant Category Electronic Filing Physical Filing Individual / Startup / Small Entity ₹ 2,400 ₹ 2,650 Others (Large Entities) ₹ 12,000 ₹ 13,200 Additional Fee (Section 61(3) & Rule 86(1)) Payable within 1 month of restoration order Applicant Category Electronic Filing Physical Filing Individual / Startup / Small Entity ₹ 4,800 ₹ 5,300 Others (Large Entities) ₹ 24,000 ₹ 26,400 Missed Renewal FeesAll unpaid annuity fees, including surcharges (if filed within the 6-month grace period), must be cleared before or along with the restoration request.

Filing Portal: 👉 https://ipindiaonline.gov.in/epatentfiling Steps: Log in to the e-filing system using your patent agent or applicant credentials Select the appropriate patent from your portfolio Fill out Form 27 with relevant data Upload supporting documents (if required) Sign and submit electronically Form 27 is submitted in electronic form only—no physical submission is accepted.