In India’s dynamic innovation ecosystem, securing intellectual property (IP) has become a crucial step for startups building proprietary solutions. For Medprime Technologies, where cutting-edge medical technology meets real-world impact, understanding the patent system isn’t just about protection—it’s about powerfully positioning ourselves for sustainable growth.
Here’s what every tech-driven startup should know about the Indian patent landscape:
Types of Patents in India
India’s IP regime provides a comprehensive framework for protecting various forms of intellectual creations. allows for a range of protections:
- Product patents protect the tangible final or end-product and prevent others from making, using, or selling the specific product. Product patents offer broader protection as they cover the product itself, regardless of how it’s made. It safeguards novel inventions—ideal for new diagnostic tools, imaging devices, or integrated hardware.
- Process patents, which protect innovative ways of doing things—especially relevant for AI-based workflows or unique manufacturing methods. Process patents are narrower, protecting only the specific method, procedure or steps used to create a product. In essence, it is about protecting how it’s made and not about the final product.
- Design patents, which cover the aesthetic aspects—critical for devices where form impacts usability. A design patent protects the ornamental design of a functional item, focusing on its visual appearance rather than its functionality. It grants the owner exclusive rights to use, make, sell, or import the designed article.
Intellectual Property Rights (IPRs): Strategic Business Tool for Startups
In India, startups play a significant role in patent filing, and the government provides various support schemes to encourage this. The Startup India initiative, along with the Startup Intellectual Property Protection (SIPP) scheme, offers financial assistance and expedited processing for startups seeking patents, making it more affordable and efficient for them to protect their innovations.
- Reduced filing and examination fees: The SIPP scheme specifically focuses on reducing the cost and time associated with patent filing for startups, offering rebates on fees and fast-track examination.
- Fast-track examination: Startups can opt for expedited patent examination, significantly reducing the time it takes to get a patent granted which can cut down the waiting time drastically.
- Support through IP facilitators provide support to startups, in navigating the complexities of intellectual property rights. These facilitators offer assistance with various aspects of IP, including prior art searching, drafting and filing patent applications, and responding to examination reports. They play a crucial role in helping innovators protect their creations and leverage them for commercial success.
- These benefits are designed to level the playing field, allowing young companies to protect IP without being weighed down by cost or complexity.
Under the MSME Innovative Scheme (IPR component), the Government of India reimburses MSMEs’ costs of filing and prosecuting patents — up to ₹5,00,000 per foreign (international) patent and up to ₹1,00,000 per Indian patent. It also reimburses ₹2,00,000 for GI registrations, ₹15,000 for design registrations, and ₹10,000 for trademarks. These are post‑facto reimbursements made against bills/receipts, are generally one‑time per application, and renewal/assignment/correction costs are not covered. Applications are filed online on the MSME portals.
Challenges on the Ground
While the framework is supportive, startups often face real challenges:
- Awareness gaps about what qualifies for a patent and how to file.
- Cost concerns for international filings or legal representation.
- Limited in-house IP expertise, which makes it harder to identify what’s worth patenting.
Medprime has tackled some of these by integrating IP thinking early into the product development cycle and by partnering with expert consultants—but for many, these remain significant roadblocks.
Timing and Strategy: The Real Game-Changers
Filing a patent too late can lead to losing novelty. Filing too early without a clear business case can be a wasted investment.
The IP strategy needs to be:
- Aligned with product milestones: File before major public disclosures like pilot launches to protect novelty. Filing just before these milestones ensures your innovation is safeguarded before it becomes publicly known.
- Integrated with global plans: Synchronizing your patent filings with international regulatory strategies helps streamline global expansion, especially when targeting CE or FDA approvals. If you’re targeting markets like the US or Europe, coordinate your Indian filings with CE or FDA timelines.
- Tied to business goals: Use patents to support fundraising, licensing opportunities, or stand out in regulatory approvals. Your IP should work in tandem with your commercial vision—whether it’s attracting investors or gaining competitive advantage.
Most importantly, startups should begin working on the patent process while they are innovating, not after. Embedding IP considerations during the R&D phase helps avoid costly delays and ensures that your innovation stays protected from day one. To lock in your innovation early on, it is important to consider provisional patent application. A Provisional Specification is a temporary patent application you can file with the Indian Patent Office when your invention is still in development. It helps secure an early priority date for your invention — essentially putting a legal timestamp on your idea. You then have 12 months to file the Complete Specification (the full, detailed version of your invention).
For startups in the Medtech space, patents aren’t just legal safeguards—they’re strategic assets. They help attract investors, protect competitive advantage, and open up global markets. The Indian patent system has matured to support this vision, but navigating it requires foresight, agility, and a bit of patience. Building not just innovations, but a strong IP foundation that supports long-term impact is critical. The time to act on your IP strategy is not after you scale—it’s while you innovate.