Startups

IP Protection for Indian Startups

Term sheets ask for an IP schedule. Without one, the round slows. Here is the four-filing stack every Indian startup should hold by the time the first SaaS or PMF metric matters.

Most Indian startups treat intellectual property as a Series A problem. By Series A it is a Series A bill — back-dating founder IP assignments, racing to file a trademark a competitor already pre-empted, paying litigation rates to recover a domain name that should have cost ₹4,500 to file as a mark.

The cheapest IP stack in the lifecycle is the one filed in the first 90 days. DPIIT-recognised startups pay 50% government fees across trademark and patent. Most qualify. Most do not apply. This page is the four-filing default — what to file, in what order, and which IPForte service does what.

Where IPForte fits

Three filings cover most of the IP risk on day one. Each is a standalone service and each links to a deeper walkthrough.

The diligence schedule that decides your round

Every term sheet has an IP schedule. Investor counsel will ask four questions: who owns the brand, who owns the code, who owns the inventions, and is the documentation enforceable. Each question maps to a filing.

Investor counsel often catches a missing founder assignment before the founders do. IPForte’s contract drafting stack includes the founder IP assignment, employee assignment, and the consultant IP clause that closes the third source of leaks.

DPIIT recognition is the cheapest IP move you will make

A DPIIT-recognised startup pays ₹4,500 per class for trademarks instead of ₹9,000 — a 50% discount baked into the Trade Marks Rules, 2017. The same recognition gives an 80% discount on patent fees under the Patent (Amendment) Rules, 2016.

Recognition is free, online and typically takes 7-14 days at startupindia.gov.in. Eligibility runs for 10 years from incorporation. If your filing agent is quoting full fees, ask whether they checked DPIIT status before filing.

India example

A Bengaluru SaaS startup at seed stage filed across two classes through an unrecognised agent at ₹9,000 per class — total ₹18,000 in government fees. The same filing post-DPIIT recognition would have cost ₹9,000. The recognition itself takes longer to do than to spell out.

Order of filings in the first 90 days

The sequence matters because filings interlock.

  1. Week 1-2: trademark search. Run a free search on the IP India public registry across exact, phonetic and Vienna-code dimensions. If a similar mark exists in your class with an earlier date, redesign before you build the landing page.
  2. Week 2: trademark filing. File Form TM-A in the right classes. Acknowledgement and TM application number in 48 hours.
  3. Week 2-4: founder IP assignment. Every founder signs an assignment in favour of the entity. Backdating later is a red flag at diligence.
  4. Before launch: provisional patent (if applicable). If there is a genuine technical novelty — algorithm, hardware, biotech, deeptech — file a provisional patent before any public demo, pitch deck or press mention. Section 13 of the Patents Act, 1970 destroys novelty on disclosure.
  5. Quarter 1-2: copyright + employee contracts. Register copyright in the source code repositories. Roll out employee contracts with the IP assignment clause built in.

What this looks like at diligence

An IP-clean startup walks into diligence with: trademark registration certificates (or pending applications with TM numbers), copyright registration receipts, executed founder and employee IP assignments, a patent filing receipt if applicable, and a one-page IP register. IPForte’s IP audit compiles this register before you go into the data room — not after diligence flags it.

Closing a round in the next 6 months? Get an IP audit done first — it is faster than answering diligence with gaps.

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FAQs

At minimum: trademark for the brand and logo, copyright registration of proprietary code, founder and employee IP assignment agreements, and a provisional patent if the startup has genuinely novel technology. Investor counsel will request all four in the IP schedule.

50%. The trademark fee drops from ₹9,000 to ₹4,500 per class for DPIIT-recognised startups, individuals and MSMEs under the Trade Marks Rules, 2017. The same recognition gives an 80% discount on patent fees.

By default, the founder personally owns it. The right has to be assigned to the company in writing — usually through a founder IP assignment agreement signed at or just after incorporation. Without this assignment, the company does not own its own code or brand.

Most startups need a trademark and a copyright. A patent is only worth filing when there is a genuine technical novelty that is non-obvious — typically deep tech, biotech, hardware or original algorithms. Filing a patent on a routine feature wastes both fee and time, and is often rejected at examination.

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