A Founder's Guide to IP - What to Protect Before You Raise
Investors run IP diligence, and gaps surface at the worst possible moment - mid-raise. Sorting out ownership and protection early is far cheaper than fixing it under a term sheet deadline. Here is what to have in order before you fundraise.
Confirm who owns the IP
Inventions created by founders before incorporation, or by contractors without a written assignment, may not belong to the company. Ensure every inventor and contractor has assigned rights to the entity in writing.
File before you disclose
Pitching, demoing, or publishing before filing can destroy novelty. If you must disclose, do it under an NDA, and ideally after at least a provisional application is on record.
Match protection to the asset
Patents protect how something works, trademarks protect your brand identity, copyright protects code and content, and trade secrets protect what you can keep confidential. Most startups need a mix.
Mind the Foreign Filing Licence
If your invention was developed in India and you intend to file abroad, clear the FFL position first. Filing overseas without it can jeopardise both the Indian and foreign applications.
We run IP readiness reviews for startups ahead of a raise, so diligence confirms your position instead of exposing it.
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