IP Audit & Strategy for Indian Businesses
An IP audit is a structured check of every patent, trademark, design, copyright and trade secret your business owns, uses or depends on. It shows what is protected, who really owns it and what is quietly slipping away. Gaps usually surface the day an investor, buyer or court asks for proof.
What it is
An IP audit is a review, asset by asset, of your intellectual property. We list what you have, check the registration status, confirm who owns it on paper, and note what is unprotected or at risk. The result is a written report and a priority action plan.
No law prescribes an IP audit, so you set the scope. It draws on the Patents Act 1970, the Trade Marks Act 1999, the Designs Act 2000 and the Copyright Act 1957, and on the records held on the IP India and Copyright Office portals. Where a legal opinion is needed, a practising advocate or patent agent gives and signs it.
Who it applies to
Startups before a funding round
Investors ask who owns the brand, the code and the invention. Say a software startup in Gurugram never had its founders sign assignments. Learn that before the term sheet, not during diligence.
Companies planning a sale or merger
A buyer will check every registration and every licence. A tidy audit shortens that conversation and removes surprises that cut the price.
Established SMEs and family businesses
A Faridabad manufacturer that has traded under one brand for twenty years may never have registered it. The audit finds that gap before a copycat does.
Why it matters
You find unprotected assets
A product name, a logo, a drawing, a training manual. Many sit unregistered because nobody listed them. We list them and rank which deserve protection first.
You fix ownership gaps
Under section 17(c) of the Copyright Act, an employer is first owner of work an employee makes in the course of employment. For freelancers, the usual route is a written assignment under section 19.
You stop losing rights to missed dates
Trade marks run ten years from registration and then need renewal. Designs get ten years, extendable once by five if you apply before the ten years end. Patents need yearly renewal fees from the third year. One calendar covers all of them.
Documents required
Registrations and filings
- Patent, trade mark, design and copyright certificates
- Pending application numbers and examination reports
- Renewal receipts and the last fee paid
Ownership papers
- Founder, employee and freelancer agreements
- Assignment and licence deeds, in and out
- Joint-venture and vendor terms touching IP
Business context
- Product and service list, with launch dates
- Domain names, social handles and brand usage samples
- Any notice, dispute or opposition you have received
How it works
Agree the scope with you
We agree which assets, entities and countries are covered. A one-brand shop needs a lighter audit than a group with three subsidiaries. We size it to fit.
List every asset you hold
We build an inventory from your documents and from public records on the IP India and Copyright Office portals. Each asset gets an owner, a status and a renewal date.
Test ownership and flag risk
We read the agreements behind each asset. Missing assignments, expired registrations, unlicensed use and weak brand coverage are flagged by severity.
Deliver the report and roadmap
You get a written report, a renewal calendar and a ranked list of filings and fixes. Where a legal opinion is needed, a practising advocate or patent agent signs it. We then prepare and file what you approve.
Timelines
A focused audit
Usually two to three weeks once your documents reach us. Several entities take longer.
Renewal dates we track
Trade marks: ten years from registration. Designs: ten years, then one extension of five. Patents: renewal fees yearly from the third year.
Patent working statement
Form 27 is now filed once for every block of three financial years, due by 30 September of the first year of the block.
What a good IP audit report contains
Ours is built to be acted on, not filed away.
| Section | What you learn |
|---|---|
| Asset register | Every right, its number, owner, status and expiry |
| Ownership review | Where assignments, licences or employee terms are missing |
| Gap analysis | Brands, designs, code or inventions with no protection |
| Risk list | Lapsing renewals, third-party marks, unlicensed use |
| Action plan | Filings and fixes in priority order, with the next date for each |
Here is the catch: the ownership review is where surprises appear. Picture a Faridabad exporter that commissioned its logo from a freelancer five years ago and never signed an assignment. The fix is one deed. But you can only fix what you know about.
What happens if you skip it
Lapsed rights
A missed renewal can end a registration. A patent whose renewal fee is left unpaid can cease.
Failed diligence
Gaps found by an investor or buyer cost you time and often money at the worst moment of the deal.
Weak enforcement
You can sue for infringement only on rights you can prove you own. Unclear ownership gives the other side an easy defence.
Frequently asked questions
Is an IP audit mandatory in India?
No law makes an IP audit mandatory. It is a voluntary business review. Some filings carry duties of their own: patentees and licensees file Form 27 on working of the patent, and registrations need renewal on time. An audit simply gathers all of these in one place so nothing is missed. You decide the scope, and we keep it as light or detailed as the business needs.
How is an IP audit different from IP due diligence?
An audit looks inward at your own assets, usually to protect and organise them. Due diligence looks at a target company on behalf of a buyer or investor, with the same checklist turned outward. We can do either. If you plan to raise money, an audit first makes the later diligence far smoother, and nothing is a surprise.
Which IP assets does the audit cover?
It covers patents, trade marks, designs, copyrights, domain names and trade secrets. Contracts that touch them, such as employee terms, licences and assignments, are reviewed too. We also check whether your brand is in use in the way it is registered. You tell us which entities and products are in scope, and we build the register from there.
How long does an IP audit take?
A focused audit for one business usually takes two to three weeks from receipt of your documents. Companies with several entities, many registrations or foreign filings take longer. We give you a timeline once we see the document set, and we share the asset register early so you can correct anything we have missed.
Who owns the IP my employees create?
Under section 17(c) of the Copyright Act, an employer is the first owner of a work made by an employee under a contract of service. Patents and designs are different: the inventor or creator is the starting point, so a written assignment is the safe route. We check which of your people have signed what, and prepare the missing papers.
What if the audit finds an unregistered brand?
We check availability first, then recommend filing a trade mark application so the brand is protected. Registration is not compulsory, but it gives you the exclusive right to use the mark and to sue for infringement. If someone has already filed a similar mark, we explain your options. Nothing is filed without your approval.
Do you check overseas IP too?
We list foreign filings you already hold and note their deadlines. New overseas filings, or advice on foreign law, go through a qualified foreign associate, and we coordinate the paperwork. Audit your Indian position first, because it anchors any plan abroad.
How often should we repeat the audit?
Once a year is a sensible rhythm for an active business, and always before a funding round, sale, licensing deal or a new product launch. The second audit is quicker, because the asset register already exists. Only changes need review. We keep the renewal calendar current in between, so deadlines never slip.
What it costs
Our fee plus the government fee that applies to your case, quoted before you commit. Tell us the situation and we will price it exactly.
Ready to begin?
Send us your list of brands, inventions and agreements and we will tell you where the gaps are.