PREAMBLE
In pursuance to the provision under Chapter 12 of
Enterprises Promotion Policy-2015 notified vide No. 49/43/2015-4IB1 dated 14th
August, 2015, the Governor of Haryana is pleased to notify the "Patent
Registration Scheme" for Micro, Small & Medium Enterprises. The scheme
will consist of the following provisions:
Scheme 1. Objective
Patent is an exclusive right granted by the
State/International Agency for an invention that is new, involves an inventive
step and is capable of industrial application. It gives its owner an exclusive
right to prevent or stop others from making, using offering for sale, selling
or importing a product or a process, based on the patented invention, without
the owner's prior permission. A patent is a powerful business tool for the
companies to gain an exclusive right over a new product or process, develop a
strong market position and earn additional revenue through licensing. The State
Government intends to promote the regulation of patents among the enterprises
and protect their innovation in the era of globalization or secure their rights
over their traditional product/process and have, thus, made provision for grant
of financial assistance on grant of patent registration.
Scheme 2. Quantum of Assistance
Reimbursement of 50% of the actual expenses (including
filing fees, consultancy fees, search fees and maintenance fees) with a maximum
of Rs. 25 lakh for both domestic and international patent registration.
Scheme 3. Commencement and Applicability
The Scheme shall commence with effect from 15.08.2015 for
providing assistance for obtaining patent registration on their products, and
shall remain in operation for a period of 5 years. MSMEs which have acquired
patent registration after 14.08.2015 and before 14.08.2020 shall be eligible
under this scheme.
Scheme 4. Eligibility Criteria
All MSMEs existing anywhere in the state, which have
filed EM Part-II/Udyog Aadhaar Memorandum with respective District Industries
Centre shall be eligible under the scheme.
(i)
The industrial units must also comply with
the following conditions:
(ii)
The item of manufacture of the unit should
not fall in the restrictive list as notified by the State Government from time
to time.
(iii)
The unit should have obtained NOC/CLU from
competent authority, if applicable.
(iv)
The unit should be in commercial production.
(v)
The unit should be in regular production at
the time of disbursement and the assistance shall not be released to the closed
unit.
Scheme 5. Procedure
a.
Application on prescribed Form (Annexure-I)
for the reimbursement of expenses incurred in acquiring patent registration
along with listed documents would be submitted to the Director of Industries
& Commerce, on the web portal of the Department.
b.
The application would be processed and
examined. The deficiencies, if any, would be communicated to the applicant
on-line within a period of 10 working days and the applicant would be given a
time period of eight weeks to rectify the deficiencies so pointed out.
c.
In case the deficiencies are not removed
within the prescribed period, the claim shall be filed by the Competent
Authority, under intimation to the party through e-mail. The enterprise shall
not be required to submit any additional document other than those specified
under Annexure-I without approval of Competent Authority.
d.
The claim application so filed may be
reopened with the orders of Principal Secretary Industries & Commerce
provided a written request for the same is received within a period of 30 days
from the date of rejection of the claim by the designated Competent Authority.
Scheme 6. Time Limit to apply
An applicant shall forfeit its entitlement for the
reimbursement of the expenses incurred in acquiring patent registration, if it
does not submit its claim, complete in all respects within three months from
the date of patent registration.
Scheme 7. Competent Authority for sanction
The Director, Industries & Commerce shall be
competent authority for sanction of the subsidy within 30 days from the date of
completion of the claim.
Scheme 8. Interpretation/Relaxation
Secretary, Industries & Commerce, Haryana shall be
competent to make interpretation/relaxation of provisions of this scheme.
Scheme 9. Appeal
Appeal against an order passed by the Competent Authority
shall lie with the Principal Secretary, Industries & Commerce, Haryana
within a period of 30 days from the date of communication of the order appealed
against, the order passed by the Principal Secretary in the appeal shall be
final.
Scheme 10. Penal Action
At any time if it is found that assistance form
Government has been availed on the basis of any false information, the
applicant shall besides refunding assistance with compound rate of interest @
12% per annum and facing legal action, will be debarred from grant of any
incentives/assistance from the State Government.
Annexure-I
Format of Application for Financial
Assistance for Patent Registration
Part-1
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Sr. No.
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Description
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Details
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1
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Name of the Applicant (Authorised person of the unit)
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2
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Name & factory address of the unit with telephone
No. and e-mail
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3
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Registered Office address
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4
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Category of unit (Micro/Small/Medium)
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5
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EM Part-II/Udyog Aadhaar No. & Date
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6
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Date of commencement of commercial production (As per
first sale bill)
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7
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Item of manufacture
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8
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Constitution of the Unit [Proprietary, Partnership,
Pvt. Ltd., Public Ltd., LLP (Limited Liability Partnership)]
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9
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Number of patents already filed/granted
(National/International)
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10
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Number of Patents filed under this scheme (if any)
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11
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Indian Application Filing number:
Date of Filing:
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12
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Name and Details of Investor(s):
Name:
Qualification:
Age:
Designation:
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13
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Is R&D for Invention indigenous i.e. developed in
House/Collaborative
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14
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If Collaborative, give details of the type of
Collaboration
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Part-2
Invention/Patent Information
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15
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Title of Invention
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16
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Brief Description of Invention
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17
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Technical/other fields of Inventions
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18
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Advantage(s) of Inventions
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19
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Novel features of Invention as based on prior art
search (Kindly attach a comprehensive prior art search also clearly
indicating subject matter on which search was conducted, fields or keywords
searched, databases used for the said search and the reference of relevant
documents considered relevant to the subject matter of your invention):
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20
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Brief description of commercialization plans or
commercialization status for the invention. Anticipated revenues from
commercializing the invention
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21
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Potential markets and the basis for the same
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Part-3
Details of Patent Agent/Attorney
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22
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Name of Patent Agents/
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Attorney Firm
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23
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Contact Person and Contact Number
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24
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No. of years in handling international patents
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25
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Address of the firm
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26
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Is the International application already filed?
(Yes/No)
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27
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Route of Filing:
PCT/Conventional
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28
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Countries Filed or Proposed
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Part-4 Details of Financial Assistance
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29
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Total amount of expenditure in acquiring patent
registration (in Rs.)
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30
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Amount of financial assistance claimed @50% of the
total actual expenses (in Rs.)
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31. Self attested copies of documents to be
attached with the application:
(i)
Acknowledgement of EM Part-II/UAM.
(ii)
Certificate of Incorporation/Partnership
deed.
(iii)
Board resolution/Power of attorney
(iv)
Change of Land Use (CLU)/NOC from competent
authority, if applicable.
(v)
Copy of first sale bill.
(vi)
Copy of Patent Registration certification.
(vii)
Undertaking/Declaration on non-judicial stamp
paper(Annexure-II)
(viii)
CA certificate of Expenditure (in original)
giving details (Annexure-III)
(ix)
Copy of the bills raised by certifying agency
and proof of payment thereof, product broachers.
(x)
Audited balance sheet of the unit of last
year.
Signature of the applicant.
(with seal)
Annexure-II
Undertaking/Declaration (to be submitted on non-judicial
stamp paper of Rs. 50/- (Min) duly sworn before a Notary Public (duly affixed
with Notarial Stamp; and with Notary Seal & Notary Registration Number) or
First Class Magistrate):
I, _____________ do hereby solemnly state that I am
proprietor/partner/director/_________________ of M/s _______________________
located ____________ which is engaged in the manufacture of ____________ and I
have been authorized to file the claim of Patent Registration with the
Department of Industries and Commerce, Haryana.
2. I do hereby affirm that the particulars given in the
application are correct. In case any of the statement/information furnished in
the application/documents later found to be wrong or incorrect or misleading, I
do hereby undertake to refund the entire amount of assistance of Rs. __________
(Rupees _____________________________) granted to me alongwith compound rate of
interest @12% per annum, besides facing legal action in case facts contained in
this application are proved to be wrong at the time of verification/checking or
otherwise at any stage.
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Dated:
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Signature of the Proprietor/Partner/
Managing Director/Director.
(with seal)
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Annexure-III
Certificate from Chartered Accountant in respect of Proof
of Expenditure incurred for acquiring Patent Registration and about investment
in plant & machinery (on a CA letter head)
To whom it may concern
The document & records of M/s ...................
with their regd. office at ......... and factory located at ........... and
(EM/Udyog Aadhaar No. . ........... dated ............. ) in respect of the
expenditure incurred by acquiring Patent Registration (or its equivalent) have
been verified, and it is certified that the said company have incurred a total
expenditure of Rs. . ............ (Rupees ...................... ) towards,
(including filing fees, consultancy fees, search fees and maintenance fees
etc.) in obtaining Patent Registration (Domestic/International) from the
certification agency namely ..................... as per the following details
of payments.
Details of payments (Name of certification agency/org.)
amount paid (in rupees)
(a)
Application fee
................................................
(b)
Consultancy fees .....................................
(c)
Search fees
...................................
(d)
Maintenance fees
..........................................
(e)
Others, if any
.....................................
Total ..........................................
AND
Verified from the books of accounts of above firm that
the total investment in plant and machinery (original purchase value) of the
unit as on date ............. stands as Rs .................. (Rupees
................)
Name & signature of the Chartered
Accountant
with stamps & CA membership number.
Dated ......................
Payment at (a) to (e) above should be supported by copies
of receipts of payments made to the certification agency duly attested. The
payment receipts must indicate the purpose for which the payments have been
made to the certification agency.