Why the First 90 Days Define Your IP Future
Most IP problems that surface in Indian startup due diligence rounds trace back to decisions - or failures to act - in the first three months of a startup's life. A co-founder who was not asked to sign an IP assignment agreement. A developer who wrote the core codebase as a freelancer without a written contract. A brand name that was launched without a trademark application. These are not difficult problems to prevent. They are simply problems that founders did not know they needed to prevent at the time.
This guide covers the five most impactful IP actions every Indian startup founder must complete in the first 90 days - ranked in order of urgency and consequence.
Action 1 — Get Every Co-Founder to Sign an IP Assignment Agreement (Day 1)
This is the single most important IP document a startup will ever create - and it must be executed before any equity is granted, before any code is written, and before any investor conversation takes place. An IP assignment agreement does three things: it transfers any pre-existing IP that co-founders have developed related to the startup's business to the company; it assigns all future IP that co-founders create during their time with the company; and it establishes a written record of IP ownership that investors, acquirers, and courts can rely on.
Without this agreement, a departing co-founder - even one who leaves on good terms - potentially retains ownership of IP they personally created. This has derailed funding rounds, blocked acquisitions, and in some cases ended startups entirely. The Calcutta High Court and Delhi High Court have both dealt with cases where unresolved co-founder IP ownership disputes made it impossible to verify clean title to a startup's core technology.
Action 2 — File a Trademark Application for Your Brand Name (Day 1–7)
India's Trade Marks Act 1999 operates on a filing-date priority system. The party that files first generally has superior rights - regardless of who has been using the name longer in commerce. This means that even if you have been trading under a name for six months, a competitor who files a trademark application one week before you do can potentially claim priority for registration purposes.
The Parle Products v. Registrar of Trade Marks case decided by the Delhi High Court in April 2026 illustrated exactly this problem: Avon filed seven days before Parle for an identical mark on identical goods, and the court held that Avon's earlier filing gave it superior registration rights despite Parle having used the mark in commerce for years. Do not let this happen to your brand.
Filing a trademark application is straightforward. Search the Trade Marks Registry public search portal at ipindiaonline.gov.in to check for conflicts. Identify the correct Nice Classification class for your goods or services. File online at the Trade Marks Registry e-Filing portal. For DPIIT-recognised startups, the government fee is Rs.4,500 per class - roughly the cost of a team lunch.
Action 3 — Get IP Assignment Agreements from Every Developer and Designer (Before Any Code Is Written)
Under Indian copyright law, the author of a creative work owns the copyright in that work unless they have assigned it in writing. This means a freelancer who writes your product's codebase, designs your app's UI, or creates your logo owns the copyright in their work - not you - unless there is a written assignment agreement. Verbal instructions to "make something for us" do not transfer copyright.
Many Indian startups discover this problem during Series A due diligence when investors ask for IP ownership documentation and the startup cannot produce signed assignment agreements from the freelancers who built Version 1 of their product. Retroactively hunting down freelancers who were hired two years ago - some of whom may be unreachable or uncooperative - is expensive and sometimes impossible.
The fix is simple: before any developer, designer, or creative freelancer starts work, have them sign a short IP assignment agreement. It does not need to be long. It needs to state clearly that all work product created in the engagement is assigned to the company. Include this in every engagement letter, purchase order, or work order going forward.
Action 4 — Apply for DPIIT Recognition (Day 1–30)
DPIIT recognition from the Department for Promotion of Industry and Internal Trade is the most financially impactful administrative step an Indian startup can take on IP. It is free, takes 2 to 5 working days, and provides benefits that can save lakhs of rupees in IP filing costs.
DPIIT-recognised startups receive: an 80% rebate on patent filing fees (Rs.1,600 instead of Rs.8,000); a 50% rebate on trademark filing fees (Rs.4,500 instead of Rs.9,000 per class); free IP facilitation through the SIPP scheme, where government-registered IP facilitators handle patent and trademark filing and prosecution at no professional charge beyond government fees; and access to expedited patent examination under Rule 24C, reducing the standard 2 to 4 year wait to 6 to 12 months.
Eligibility requires: incorporation as a Private Limited Company, LLP, or Registered Partnership; not more than 10 years since incorporation; annual turnover below Rs.100 crore; and a business working towards innovation or a scalable model. Apply at startupindia.gov.in. The process takes less than an hour and costs nothing.
Action 5 — Create an NDA System for Every External Disclosure (Day 1 Onwards)
An NDA - Non-Disclosure Agreement - is the most basic IP protection tool available to an early-stage startup. It creates a legally binding obligation of confidentiality on anyone to whom you disclose your business plan, technology, financial projections, or strategy. Without it, there is no legal basis to prevent or seek remedies for the unauthorised disclosure or use of your confidential information.
Every founder needs two NDA templates: a mutual NDA for conversations with potential co-founders, partners, and advisors (where both sides are sharing information); and a one-way NDA for conversations with potential investors, customers, and vendors (where primarily you are sharing). Both templates should be kept ready to share as PDF documents before any meeting where sensitive information will be discussed.
What Comes After the First 90 Days
Once these five actions are complete, your startup has a solid IP foundation. The next phase - patent assessment, multi-class trademark strategy, employee IP policies, and open-source audit - depends on your specific business type and growth stage. Use the Startup IP Hub stage filter to find the most relevant next steps for your situation. And before spending anything on IP, read the DPIIT Recognition guide to confirm you are accessing all available government fee rebates.