Quick Answers to the 25 Most Common Startup IP Questions
These answers are designed for immediate practical use. For deeper treatment of any topic, follow the links to the relevant detailed guides throughout the Startup IP Hub.
Trademark Questions
Q1: When should I file a trademark? Before launch, before announcing your brand, before any competitor can file the same name. India's system rewards filing date, not commercial use. Fee: Rs.4,500 per class for DPIIT startups.
Q2: How long does trademark registration take? 18 to 36 months for an uncontested application. Use TM symbol from filing date. Use (R) only after the registration certificate is received — using it before is a legal offence.
Q3: Can I stop a competitor without a registered trademark? Possibly — through passing off if you can prove goodwill through prior commercial use, misrepresentation, and damage. Registered rights are always stronger. Build both.
Q4: Which Nice Classification class do I file in? File in every class covering your current and planned products. Tech/SaaS: Class 9 (software) and Class 42 (IT services). Consumer products: Class 35 (retail) plus product-specific classes. A trademark attorney's classification advice is recommended for multi-category businesses.
Q5: Does registering my company name protect my brand? No. MCA company registration and trademark registration are completely separate systems. Both are necessary.
Q6: What is the difference between TM and R symbols? TM indicates you are claiming trademark rights — use from filing date. (R) indicates a registered trademark — use only after receiving the registration certificate.
Q7: How do I protect my brand internationally? Madrid Protocol — a single WIPO application designating up to 122 countries, filed through the Indian Trade Marks Registry. Priority countries for most Indian startups: US, EU, UK, UAE, Singapore, Australia.
Patent Questions
Q8: Is software patentable in India? Software as such is not. Software producing a demonstrable technical effect beyond mere computation may qualify. Consult a patent attorney with your specific technical method.
Q9: How much does patent filing cost for a DPIIT startup? Government fees: Rs.1,600 filing + Rs.4,000 examination = Rs.5,600. Professional fees free through the SIPP scheme. Total government cost approximately Rs.5,600 to Rs.7,200.
Q10: What is a provisional patent application? A preliminary filing establishing a priority date without complete claims. Gives 12 months to file the complete specification. File when the invention is identified but still in development.
Q11: Should I patent or keep my innovation as a trade secret? Patent when the innovation is visible in your product and competitors can reverse-engineer it. Trade secret when internal, cannot be reverse-engineered, and may need protection beyond the 20-year patent term.
Q12: What is expedited examination? Rule 24C expedited examination compresses the 2 to 4 year examination timeline to 6 to 12 months for DPIIT-recognised startups. File Form 18A with an additional Rs.8,000 fee simultaneously with the examination request (Form 18).
Copyright Questions
Q13: Does copyright require registration? No — it arises automatically on creation. Registration (Rs.500–2,000 per work) creates prima facie evidence of ownership. Strongly recommended for core commercial assets.
Q14: Who owns code written by my employee? The company, under Section 17 of the Copyright Act — for work created in the course of employment. For freelancers, the freelancer owns it unless there is a written IP assignment agreement.
Q15: What open-source licences are safe for a commercial SaaS product? MIT, BSD, Apache 2.0 are safe. LGPL is generally safe for libraries. GPL and AGPL are dangerous — they can require open-sourcing your commercial application. Audit all dependencies before fundraising.
Q16: My developer owns my app's copyright — what do I do? Obtain a written IP assignment from them immediately. Going forward, every developer must sign an assignment before work begins. Prevention is the only reliable solution.
Employee and Agreement Questions
Q17: When must the founder IP assignment be signed? Before equity is issued. Before any code is written. Before any investor conversation. No exceptions.
Q18: Are non-compete clauses enforceable in India? Post-employment non-competes are generally not enforceable under Section 27 of the Indian Contract Act. Confidentiality obligations and non-solicitation clauses are enforceable and more valuable. Focus employment agreements on these.
Q19: What IP documentation must I keep from Day 1? All founder assignments, all employment agreements, all freelancer agreements, all trademark and patent filings, all NDAs, and dated records of all significant technical developments.
Fundraising and Strategy Questions
Q20: What IP is essential before a seed round? Founder IP assignments; trademark application filed; employment agreements with IP clauses for all team members; company owns its core technology; no undisclosed material IP disputes.
Q21: What additional IP is needed before Series A? Open-source compliance audit with report; freedom-to-operate analysis; complete IP asset inventory; all domains in company name; all freelancer code covered by assignments.
Q22: How does IP increase startup valuation? By demonstrating defensibility. Patents, registered trademarks, clean ownership, and documented trade secrets all contribute to a higher valuation multiple by showing that what the startup has built cannot be freely replicated by competitors.
Q23: What is a freedom-to-operate analysis? A patent attorney's review of whether your product infringes any existing third-party patents. Required before Series A for technology startups in patent-dense fields.
Q24: How should I respond to an IP infringement claim? Never ignore it. Never respond without legal advice. Engage a qualified IP advocate immediately to assess the claim's merits and determine the most cost-effective response.
Q25: What is the single most important IP action for a new founder? Execute co-founder IP assignment agreements before equity is issued. This one document prevents the most common, most expensive, and most destructive IP problem in the Indian startup ecosystem.
For the interactive self-assessment that maps your specific situation to the most relevant guides, start with the Quick Start IP Assessment.