Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

Startup deals across various business and technology sectors are exposed to legal and regulatory landscape at various levels. Venture capital is constantly powering private equity investments through venture funding by VC firms and angel investments by angel investors.

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Indian government under the leadership of PM Modi has announced Startup India Action Plan and Policy, which includes multiple tax incentives, RBI incentives, incentives for ease of doing business in India, Intellectual Property Rights Incentives to file patents and trademarks via IP Facilitators etc.

Originally published here.

A crucial step for startup includes incorporation of the legal entity in India for doing business. Structuring of a startup business can follow different models, including, global business led by intellectual property, investments by promoters outside India, conducting business using offshore company in India, etc.

Most preferred legal entity for doing business in India is a private limited company, which can be incorporated under the provisions of the Companies Act, 2013. Startups can select between a private company that requires at least two directors or a one person company (OPC), which requires one director. Once a company is incorporated, post incorporation steps are required as guided by a chartered accountant (CA) and a corporate lawyer.

If business includes providing services to consumers, limited liability partnership (LLP) can be incorporated having two or more partners, who can be individuals or corporate entities.

While doing business, startup needs to execute various legal agreements and contracts, including, confidentiality & non-disclosure agreement (NDA), offer letter, employment agreements, non-competition agreements, non-solicitation agreements, intellectual property (IP) assignment agreements, employee stock options (ESOPs) plans, investment agreements, shareholder agreements, founders agreement, term sheet, and advisor agreements.

For startups conducting online business using internet, websites and mobile apps, additional measures are required for risk management, including IT Act Compliance, Content Regulation, Online Payment Gateways etc.

Startups leveraging intellectual property can secure corresponding IP rights (IPR) by way of filing patents, trademarks, copyrights and industrial designs in India and abroad under various mechanisms as allowed by WIPO, such as, the patent cooperation treaty (PCT), Madrid Protocol etc.

Lawyers with expertise in corporate law keep a track of startup developments worldwide along with niche across different technology sectors, including, but not limited to, Enterprise Infrastructure, Enterprise Applications, Internet of Things (IoT), Wearable Technology, Smart Homes, Smart Cars, Smart Cities, Semiconductors, 3D Printing, Consumer Robotics, Industrial Robotics, Drones, Virtual Reality (VR), Augmented Reality (AR), Space Technology, Artificial Intelligence (AI), Advanced Materials, Chatbots, Display Technology, Marketplaces, Hyperlocal Delivery startups, Food Tech, Auto Tech, Online Travel, Logistics tech, Real Estate Tech, Online Retail, eCommerce, Online Grocery, Mobile Commerce, FinTech (Financial Technology), Mobile Communication, Online Dating, Matchmaking, Sports Tech, Wedding Tech, Mobile Gaming, Fashion Tech, Mobile Apps, Social Networking, Social Platforms, Big Data, Mobile Payments, Mobile Advertising, Payments, Crowdfunding, Bitcoin, Finance & Accounting, AdTech, HealthTech, Mobile Health, Telemedicine, Fitness & Wellness, Healthcare Information Technology (IT), Healthcare Analytics, Biotech, Pharma, Life Sciences, Medical Devices, Energy, CleanTech, Telecom and SaaS (Software as a Service).

Rahul Dev, Partner at the law firm of Tech Corp Legal LLP, is a patent attorney and international technology business lawyer. Dev’s corporate law practice is aimed at integrating patents, technology laws, intellectual property rights, regulatory and security laws to provide services to Tech companies.

Patent Drafting Resources

  1. Patent Drafting and Writing Strong Patent Applications for Creating & Protecting Inventions

  2. Patent Application Writing Guide | Ultimate Cheat Sheet for Drafting Software Patents and Mobile App Patents

  3. Patents in MedTech – Online Healthcare & Medical Practice Management

  4. Patent Research & Analytics | Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

  5. Frequently asked questions (FAQs) | Drafting and Writing Provisional & Non-Provisional Patent Applications (Specifications)

  6. How and Why are Patents Important for Technology Companies & Startups In Asia?

  7. How can Patent Search help in determining Patentability of Invention?

  8. What is the meaning of Patent Pending Status?

  9. What are advantages of Filing a Provisional Patent Application?

  10. What is a Provisional Patent Application?

About Us – Indian Patent Law Firm

We, at Tech Corp Legal LLP, an Indian law firm serving global clients and patent attorneys worldwide, provide quality patent drafting services to inventors. Along with patent support services provided by GIP Research, we offer top quality patent specification drafting services including enforceable patent claims and high quality patent illustrations.

Our team of patent attorneys and technical patent experts has comprehensive experience in executing projects pertaining to international patent drafting, patent drafting services, drafting patent claims and patent applications, software and mobile app patents, provisional and non-provisional patents, patent searches, office action responses, etc.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com & @rdpatentlawyer on Twitter

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This is not a legal advice: Disclaimer, Non-Solicitation & Liability

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Patent Basics and Intellectual Property Rights from Rahul Dev

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IPR Protection for Hardware Startups – Patents, Trademarks, Copyrights and Designs from Rahul Dev

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How to Hire a Startup Lawyer – Ultimate Guide to Understand Startup Laws from Rahul Dev

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Food and Beverage (F&B) Business in Gurgaon

As per latest tech trends, when food meets technology to reach the customers, it is termed as Food Tech startups. In a city like Gurgaon, food startups have significant advantages as it is one the hottest place in India to launch a food business. With multinational crowd, demand for new options for food is ever increasing and on-demand (home delivery) provides immense convenience to end-users.

Originally published here.

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Online Food Startup: Business Model

Latest companies and startups in F&B space are establishing innovative business models. For example, kitchen in the cloud model embodied by FoodPort allows players to run their own kitchen instead of outsourcing or aggregating.

Another category is aggregators, which is well known due to the likes of Zomato and Swiggy. In this model, the aggregators provide interactive web-based platforms and mobile apps to users to connect with restaurants. Such interaction provides a diverse range of options, including managing the listings, taking food orders online, food delivery, etc.

Paradigm Shift

Traditional food stores are changing their business model completely from offline to online due to high rentals and unbearable maintenance costs. For example, Buenowhich had an outlet in DLF CyberHub (CyberCity), recently shifted to an online food company model.

Angel Investment & Venture Capital Funding

Food tech startups are buzzing with funding news in recent past. For example, InnerChef, a food-technology company based in Gurgaon, recently announced pre-series A funding. InnerChef delivers ready-to-eat and ready-to-cook meals by providing an online fresh food delivery platform offering fresh paninis, salads, combos, snacks and desserts throughout the day.

Business Validation

Due to huge corporate base, Gurgaon is largest market in India for customer validation and although numerous food tech startups have received angel funding and influx of venture capital investments, only a few will survive in future because the market is all set for consolidation.

Food Startups and Law

There are some crucial legal considerations associated with food business and appropriate measures are required to minimize the risk / liability. Specifically, to launch and grow a food startup / business quickly, it would require formulating strategy to handle potential issues relating to corporate law, employment law, intellectual property rights, and taxation.

Initial steps to start a food tech startup include determining an appropriate corporate structure by incorporating a legal entity (private limited company, partnership, OPC, LLP etc.)

With a view to have clarity regarding management roles, co-founders agreement (shareholders agreement) should be executed having detailed provisions for role of founders (directors or promoters), commitments, cash investments, shareholding pattern, vesting schedule, lock-in period, dispute resolution mechanism, and exit procedure. This helps in smooth functioning of business. Similarly, appropriate contracts, agreements and legal documents should be executed with Investors, manufacturers and third party vendors.

Intellectual Property (IP) ownership should be clearly stated in all documents and agreements. As a standard practice, all IP rights (patents protecting technology, trademarks protecting brand names and copyrights protecting other artistic works) should generally be owned by the company.

For more updates, follow GurgaonTech on Twitter and Facebook.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com &@rdpatentlawyer on Twitter

Start your Business in Gurgaon | Choose Your Business Structure Wisely

Starting a new company and launching a business in a place like Gurgaon can be a challenging task. Once business model is finalized, next step is to set up the business and incorporate the company in Gurgaon as it offers many advantages. Hundreds of Fortune 500 companies have set up offices in Gurgaon and Internet (smartphone, tablets & mobiles) penetration is one of the highest in India.

Originally published here.

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The urban population of Gurgaon has played a major role in creating the booming startup ecosystem along with digital lifestyle. On-demand services are highly preferred and residents of Gurgaon are really forthcoming in using products and services offered by startups.

Incubators in Gurgaon

After global success of businesses like Uber, Amazon and AirBnb, India has its own share of success stories including Ola Cabs, Flipkart, SnapDeal, Oyo Rooms, Grofers, Zomato, and the like. Many of successful Indian companies are either headquartered in Gurgaon, or their major revenues come from consumers in Gurgaon. This has resulted in a vibrant startup ecosystem in Gurgaon that includes numerous incubators and accelerators. Some of these include 91 Springboard and InvestoPad. Such incubators / accelerators also provide co-working spaces along with access to a strong network of Investors, Mentors, Service providers etc.

Incorporating Company in Gurgaon or Delhi

Having corporate base in Delhi NCR provides significant advantages and process to incorporate the company is straightforward. Startups can select appropriate corporate structure based on their business model. For example, tech startups can opt for private limited company (governed by the Companies Act) that requires minimum two directors (co-founders or promoters). This structure is highly preferred by digital startups (B2C and B2B) as its easy to accommodate investors, issue shares (preference shares and equity shares), allocate employee stock options and increase paid up capital to raise subsequent round of funding. In case of only one cofounder, OPC (one person company) can also be considered as corporate structure, which is introduced by latest company law. However, there are restrictions to issue shares to investors and hence as business grows, the OPC can be converted into a private limited company.

Similarly, service businesses can opt for Limited Liability Partnership (LLP) as corporate structure. The LLP includes partners instead of directors as in case of private limited company. Professional service providers like consultants, accountants, lawyers, architects etc. usually opt for LLP.

Office Space in Gurgaon

According to a recent study by US-based realty consultant Colliers International, Gurgaon has beaten Mumbai and Bengaluru to see the highest absorption of office space in Q3 2015, which explicitly implies that Gurgaon is the country’s fastest growing corporate business hub. Latest business hotspots in Gurgaon are located on Golf Course Road (One Horizon Center and Two Horizon Center) and Sohna Road. While manufacturing companies prefer Manesar, NH8 remains the most preferred location to set up offices in Gurgaon. Places like Udyog Vihar and DLF CyberCity are among the best office spaces in Gurgaon, primarily owing to their proximity to NH8.

For more updates, follow GurgaonTech on Twitter and Facebook.

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Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology & Corporate Laws. He is reachable at info (at) techcorplegal (dot) com &@rdpatentlawyer on Twitter

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