The realm of startups and intellectual property (IP), where creativity generates investment and innovation meets protection. Imagine a thriving startup ecosystem where innovative ideas and sharp minds abound, all vying for a place in the rapidly changing digital industry. But what sets these startups apart? It’s their journey with IP, a journey that can be both challenging and rewarding but what obstacles do they encounter, and which trends influence their path? It becomes significant to observe that intellectual property (IP) protection frequently suffers in the rush to develop. This can be a costly mistake because intellectual property is a strategic tool that can propel a firm to success rather than merely a legal formality.

Regardless of a company’s size, intellectual property (IP) is essential because it protects intangible assets like trade secrets, trademarks, patents, and copyrights, which stimulate economic growth and innovation. This legal buffer fosters a culture of innovation and progress in addition to providing incentives for research and development spending. In the global marketplace, intellectual property protection is critical for Indian firms since it gives them a competitive advantage, draws in investments, and fosters collaboration. Securing intellectual property rights is a strategic move to encourage innovation, draw investments, and guarantee that innovators receive the proper recognition in a knowledge-driven economy. This helps to create a sustainable and dynamic economic landscape in India.

Entrepreneurs need to think about Intellectual Property (IP) protection as a crucial part of their business plan when starting a new company. As an intangible asset, intellectual property (IP) is essential to levelling the playing field between startups and established firms and increasing their attractiveness to investors. Although they are thought to be the most costly and time-consuming type of intellectual property protection, patents provide incomparable advantages. Startups can enhance their value and income opportunities by obtaining patents for their discoveries. Startups that have well-protected intellectual property rights tend to attract investors more since it makes them more competitive and appealing to consumers. In the end, patentable ideas are critical to a startup’s success since they allow it to distinguish themselves from industry heavyweights.

Patents: The Double-Edged Sword of Startup Strategy

Startups frequently use patents as their weapon and shield in their drive for success. The 2008 Berkeley Patent Survey highlighted a common goal among 1,332 U.S.-based tech firms: to gain a competitive edge, ward off copycats, attract investors, and boost their reputation. This underscores the significance of intellectual property (IP) in their strategy.

The need for protection and distinction is the primary motivator for startup patenting. In a congested market, patents give entrepreneurs a differentiator that helps them stand out from rivals. Startups can prevent imitations and create a significant market presence by obtaining exclusive rights to their inventions.

Additionally, patents are an effective means of drawing in investors. A strong intellectual property portfolio indicates to investors a startup’s dedication to innovation and intellectual property protection, which makes them more likely to back the company. A startup’s valuation may rise in response to a strong patent portfolio, increasing its allure to possible acquirers.

Beyond monetary rewards, patents can aid in a startup’s establishment of legitimacy and reputation within their sector. A robust patent portfolio conveys to potential clients, business associates, and rivals that the startup is a significant participant in the industry and can provide cutting-edge solutions.

Startups need to patent their products primarily for a variety of reasons, such as investment, protection, distinction, and reputation-building. It’s a calculated decision that, in the cutthroat business world of today, may have a big impact on a startup’s longevity and success.

Scheme To Facilitate Intellectual Property Protection for Startups (SIPP)

The “Scheme for Facilitating Startups Intellectual Property Protection (SIPP)” was introduced by the Department for Promotion of Industry and Internal Trade (DPIIT) as a crucial step to support entrepreneurship and innovation in India. This flagship program seeks to establish an environment that helps companies safeguard and efficiently manage their intellectual property (IP) holdings. Startups have been greatly encouraged to secure their innovations by SIPP, which encourages IP protection and offers financial support for IP filing from application to ultimate disposal. The initiative, which is implemented through a network of registered facilitators, guarantees easy access to intellectual property protection and has helped India move up to the 40th rank on the Global Innovation Index (GII).

The scheme’s extension includes Indian innovators/creators using the services of WIPO Technology and Innovation Support Centres (TISCs), providing them with access to high-quality technology information for better IP management. Moreover, to encourage facilitators to provide quality services, fees were revised and increased by at least 100 per cent under the Scheme in November 2022, ensuring that startups receive the support needed to protect their IP assets effectively.

In addition to SIPP, the Indian government has introduced various startup kits, funds, and exemptions in IP protection fees under the Startup India scheme. Startups can now avail expedited examination facilities at the Patent Office, ensuring faster disposal of patent applications. By making IP protection more accessible and inexpensive for startups, these programs hope to free them up to concentrate on finding and producing intellectual property while pursuing innovation and protection. The government’s initiatives, such as SIPP and other startup programs, show a strong dedication to promoting entrepreneurship and innovation in India, which will eventually help the nation become a global center for innovation.

As a result, the Indian government has released a list of startup programmes that are overseen by several departments and ministries.

1. Start-up India Initiative and Make in India
2. Expedited Patent Examination (Available for Start-ups only)
3. Discounted Filing Fee (80% discount to start-ups)
4. Start-ups Intellectual Property Protection (SIPP)
5. Support for International Patent protection in Electronics & IT (SIP-EIT)
6. Schemes by M/o MSMEs
7. Accelerating Growth of New India’s innovations (AGNIi)
8. Cell for IPR Promotion and Management (CIPAM)

Shielding Startup Success: Essential IP Protection

Addressing intellectual property (IP) concerns early in a business’s infancy is paramount. Establishing a thorough and strategic IP plan from the outset is crucial, as it provides long-term economic advantages that both startups and established companies cannot afford to overlook. Ensuring that their technologies are protected allows startups to avoid potential IP disputes and sets the stage for future success. By safeguarding their technologies, startups can steer clear of potential intellectual property disputes, thus laying a solid foundation for future achievements. In the long run, protecting their intellectual property rights (IPR) not only boosts a startup’s credibility but also paves the way for ongoing innovation and expansion, which are essential for long-term success in the competitive business landscape.

*Written by Aryan Shetty, Legal Intern @Intepat IP