IP & Business
Startup Attorney in India
A startup makes most of its lasting legal decisions in its first year: the entity it forms, who owns what, whether its name and technology are protected, and the contracts it signs. Soni And Soni advises founders through that stage, from choosing and registering the business and applying for DPIIT recognition, to protecting the brand and the invention, drafting the founders’ and commercial agreements, and setting up GST and yearly compliance.
The ground
What you are actually dealing with
Which business structure suits a startup?
Most founders choose between a private limited company, a limited liability partnership (LLP) and a registered partnership firm. A private limited company is usually preferred where outside investment or employee stock options are planned, because it can issue shares. An LLP carries lighter compliance but cannot issue shares. The choice also affects DPIIT recognition and tax benefits, so it is worth settling before incorporation.
What is DPIIT startup recognition?
Recognition by the Department for Promotion of Industry and Internal Trade (DPIIT) under Startup India is open to a private limited company, LLP, registered partnership firm or cooperative society that is up to 10 years old (20 years for deep-tech), has had turnover below ₹200 crore (₹300 crore for deep-tech) in every financial year, and is working towards innovation or improvement of products, services or processes. A business formed by splitting up or reconstructing an existing one does not qualify. DPIIT charges no fee for the certificate.
What does recognition give a startup?
Recognised startups pay the lower official fee for patent applications and can request expedited examination of a patent application; trade mark applications by startups also attract the lower official fee. A recognised private limited company or LLP incorporated before 1 April 2030 may also apply for the income tax holiday under Section 80-IAC, which covers three consecutive years out of the first ten since incorporation. The holiday needs a separate certificate of eligibility from the Inter-Ministerial Board, and is subject to the conditions of that section.
Why protect the brand and the invention before launch?
A brand name used before it is searched can turn out to conflict with an earlier mark, and an invention disclosed publicly before a patent application is filed can lose the novelty a patent needs. Trademark searches, a patent filing plan and clear ownership of the code, designs and content created by founders, employees and freelancers are simplest and cheapest to put in place early.
Why does a founders’ agreement matter?
A founders’ agreement records each founder’s role, equity, vesting, decision-making and what happens if a founder leaves. When investors come in, a shareholders’ agreement sets out their rights alongside the founders’. Both are far easier to agree before a disagreement than after one.
Should we protect the brand outside India?
A trademark or patent registered in India protects it in India only. If the startup plans to sell, raise funds or manufacture abroad, protection in those countries can be sought through the Madrid Protocol for trademarks and the PCT for patents, usually built on the Indian application. An Indian filing can also be used to claim priority abroad, within six months for a trademark and twelve months for a patent, so it is worth deciding early which markets matter.
Protecting IP outside IndiaOur part
What we bring to your startup
One team for the legal side of an early-stage business, so the entity, the IP and the contracts are set up to fit together rather than handled by different advisers at different times.
- 01
Structure and registration advice before incorporation, with DPIIT recognition in view.
- 02
Trademark, patent, copyright and design protection planned around the product and the launch.
- 03
Founders’, shareholders’, employment, NDA and client contracts drafted for how the business actually runs.
- 04
GST registration and a yearly compliance calendar, so filing deadlines are not missed.
Scope
What this engagement covers
- Startup legal consultation
- Private limited company, LLP and partnership registration
- DPIIT Startup India recognition
- Trademark, patent, copyright and design protection
- Founders’ and shareholders’ agreements
- NDAs, employment, consultant and client contracts
- Website terms of use and privacy policy
- GST registration, income tax and annual compliance
How it runs
The process, stage by stage
No stage carries a promised date: registration and recognition depend on government portals and their review. What we commit to is doing our part of each stage without delay.
- 01
Consultation
We understand the business, the founders and the plans for funding, and set out what needs doing first.
- 02
Structure and register
The entity is chosen and incorporated, and the DPIIT recognition application prepared where the startup qualifies.
- 03
Protect
Trademark searches and filings, a patent strategy and filings, and assignment of IP from founders and contributors to the company.
- 04
Document
Founders’, shareholders’ and commercial agreements, and the website terms and privacy policy, drafted and finalised.
- 05
Comply
GST registration and the yearly company or LLP filings tracked on a compliance calendar.
Common questions
Questions we are asked most often
A startup attorney advises a new business on its legal set-up and early growth: choosing and registering the entity, obtaining DPIIT recognition, protecting its brand and inventions, drafting founders’ and commercial agreements, and keeping it compliant with tax and company law.