Legal Tips what every startup entrepreneur needs to know?
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STARTUPS ENTERING THE SHARE MARKET

LEGALITIES AND COMPLIANCES

India’s economy is one of the fastest expanding in the world, with a rapidly expanding consumer class. India is one of the most promising new markets of the decade to come. For a company, not considering expanding a business to India means ignoring one of the most promising (if not the most!) markets.

For any Startup, a key requirement is its funding. Funding may be from various sources and one such source is the startup bank loan.

Startups in the manufacturing or trading sector for investing in plant, machinery, infrastructure, equipment and inventories can avail Startup bank loan.Banks generally don’t fund expenses like marketing, research & development, salary, rent etc.

Companies in the technology or service sector often cannot access funds from banks and are forced to run their startup with minimal financial resources (bootstrap).

THE BASIC FRAMEWORKS 

Startups can access and actively participate in the Indian share market by making public issue of securities and other instruments within the regulatory framework as stipulated by SEBI (Securities Exchange Board of India) from time to time.The most active stock exchanges in India are the BSE Limited (Bombay Stock Exchange) and the NSE Limited (National Stock Exchange of India).

BSE is the 11th largest stock exchange with more than 5500 companies publicly listed on it.

PUBLIC ISSUES

IPO (INITIAL PUBLIC OFFER)Initial Public Offer is the process through which an issuer company allots fresh securities (“Fresh Issue”) or offers for sale securities (“OFS”) held by its existing shareholders or a combination of both Fresh Issue and OFS to the public for the first time.

This paves the way for the listing and trading of the issuer company’s securities on SEBI-approved stock exchanges in India.

FPO (FOLLOW-ON PUBLIC OFFER) 

In the case of Follow-on Public Offer, an existing publicly listed company makes an additional issuance of its securities to the public or offer for sale of its existing securities to the public, through an offer document.

The process for executing an IPO or an FPO besides other offerings and issues like IDRs (Indian Depository Receipts), preferential allotment etc. is governed by the “Issue of capital and requirements” regulation of SEBI.

IPOs and FPOs are also governed by the Companies Act 2013, the Securities Contract (Regulation) Rules 1957 and the listing regulations.

FEMA(Foreign Exchange Management Act) and its various clauses and regulations including the FDI (Foreign Direct Investment) policies governed by the orders and circulars issued by the government and the Reserve Bank of India (RBI) act as ancillary legislations.

Eligibility Requirements for IPO

The following conditions need to be satisfied by an unlisted startup company to undertake an IPO of its equity shares:

  • The issuer company should have tangible assets of at least INR 30 million(3 crores) in each of the 3 preceding years, of which not more than 50% should be held in monetary assets. However, the limit of 50% on monetary assets shall not be applicable in case the public offer is made entirely through offer for sale;
  • The issuer company should have minimum average pre-tax operating profit of INR 150 million (15 crores) calculated on a restated and consolidated basis, during the 3 most profitable years out of the immediately preceding 5 years;
  • The issuer company should have a net worth of at least INR 10 million (1 crore) in each of the 3 preceding full years;
  • The proposed issue size and all previous issues in the same financial year should however not exceed 5 times its pre-issue net worth as per the audited balance sheet of last financial year; andIf the issuer company has changed its name within the last 1 year, at least 50% of the revenue for the preceding 1 year is earned from the activity indicated by the new name.
  • An unlisted public company cannot undertake an IPO, if the company has less than 1,000 prospective allottees and there are outstanding convertible securities of the company or any other right which would entitle any person any option to receive equity shares after the IPO.

Minimum Offer Requirements

The issuer company is required to offer: 

i. At least 10% of each class or kind of securities to the public, in an IPO, provided: the post issue capital of the company calculated at offer price is more than INR 40,000 million; and

The company shall increase its public shareholding to at least 25%, within a period of 3 years from the date of listing of the securities, in the manner specified by SEBI.

ii.    At least 25% of each class or kind of securities to the public, in an IPO.

SUCCESS MANTRA

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Tech Corp International Strategist (TCIS), Helps Startups to Raise Funds & Assisting Foreign Companies to find Right Business Partner in India. Chief Strategic Officer (CSO) for your Startup IDEA. Investor incubating GREAT IDEAS and grow the startups. Assisting enterprise to enter and find RIGHT Angels, and VCs in Malaysia, Singapore, US, UK, Japan and India.

Our team at TCIS, India consists of experienced professional patent researchers, patent strategists, law experts and mediators who are experts and have experience in performing more than 2200+ patent searches in all technological domains.

Our technological THINKING GEEKS experts provide their assistance to gain a clear perspective over technical as well as market difficulties that Your PATENT may face while launching and entering into a country.

We at TCIS, India have a well renowned team of Lawyers of Delhi/ NCR who have vast experience of more than 12++ years.  We at TCIS, India have inspiring and tireless mediators who have successfully completed mediation in disputes related to co-founder disputes, company disputes, mediation is website ownership, trademark infringement, commercial disputes, patent infringement, intellectual property disputes, disputes in corporate sectors and trademark commercial disputes.

We at TCIS, India BELIEVE mediation is a voluntary and a non-coercive form of conflict management, wich is highly practical within the intricate dynamics of international relations, dominated by the principles of preservation of actors, independence and haptonomy.

How to Patent Your Business Idea: A Step by Step Guide
brand trademark, Indian Patent Attorney, intellectual property strategist, INTELLECTUAL PROPERTY STRATEGY, MARKET ENTRY strategy, Patent Filing India, Patent Innovative Ideas, strategic business advice

Protect YOUR Creativity : #Invent & Experiment

How do you Patent a Business Idea for a Fruitful Startup Business Strategy ?

Creativity is inventing, experimenting, growing, taking risks, breaking rules, making mistakes and having FUN. -Mary Lou Cook

How do you Patent a Business Idea for a Successful Business Venture?

An IDEA IS CONCEIVED by the genius mind to solve existing problem. The word “invention” is termed to the idea conceived at the ideation stage when the inventor is able to solve existing problem in the market. Problem can be personal or can be applicable to the large masses.

When a business entity like Fortune 100 company is able to resolve existing technology in the same domain the problem is UNIVERSAL and applicability is worldwide.

We as innovators and inventors are programmed to understand different patterns existing around us. CHANGE is EVERYWHERE and inevitable truth of LIFE. As an inventor or a startup we should realise the importance of protecting innovative ideas.

When the invention is applicable worldwide it is advisable by the expert patent attorney to file international patent before WIPO, Geneva under the PCT patent route

DO YOU have a GREAT IDEA for a SUCCESSFUL Business Venture?

So, if the ANSWER is YES…YOU have already taken the first step to protect your idea for a successful business !!

Now you must be wondering what if someone else comes up with something similar. BEST SOLUTION to such thoughts is to Patent a Business Idea.

Patent a Business Idea in India * Patent a Business Idea in USPTO

Technically, you can’t patent an idea for a business. For example, if you have a unique idea for an online store or a new chain of themed restaurants. However, you may be able to protect and patent a method of doing business and solving a problem– if it meets very specific patent criteria and patent requirements.

Ideas are valuable and throughout history innovative ideas have been copied or stolen by the third parties.

Instead of letting other business entity go away with your great INNOVATIVE IDEA and make a fortune $$$$$$, you as an inventor or innovator should protect your idea by filing a patent.

Patent a Business Idea

Technically ideas themselves cannot be patented. When you take an idea and with intangible force turn the idea into an invention or process (PROTOTYPE is ready) that meets specific patent criteria and patent requirements. Irrespective whether the idea is small or big, the innovation can be protected by filing patents which is a form of intellectual property right. YES, IDEAS can be patented with the right intent and content will be prepared by our THINKING GEEKS at TCIS, India.

A patent can help you remain competitive in your for 20 years field and give you an edge on your business rivals.

According to YOUR invention / idea YOU can apply for a Utility patent or an Industrial Design patent

Utility patents in USPTO are granted to inventions that pertains to a new and useful process or useful improvements of a process, machine, article of manufacture or composition of matter.

Design patents are given for new and original designs for an article of manufacture. Under industrial design protection the ornamental looks of the article can be protected. The timeline for registration in India is nine months from the date of the industrial design filing in India.

FOR A SUCCESSFUL STARTUP BUSINESS VENTURE HAVE A PROPER INTELLECTUAL PROPERTY STRATEGY IN PLACE:

Patent a Business Idea

As an inventor, you can file a provisional patent application or a non-provisional patent application before the patent office in home country. As an innovator you can write provisional patent and file provisional patent application in a quick way to protect your invention if it is in the abstract / prototype stage.

The provisional patent application will establish an early patent filing date. But a patent will be issued only after a non-provisional application is filed for the same within an year of filing a provisional application with a complete set of patent claims.

UNIVERSAL INTELLECTUAL PROPERTY PATENT STRATEGY

YOUR invention “SHOULD ” be Novel, Non-Obvious and should have industrial technology application”

If your idea with proper elements fulfils all the patent requirements to apply for a patent, and there are no other previously filed patents claiming the same elements in the patent claims, then it’s time to apply for patent before the patent office.

Patent writing and patent filing work is intellectual in nature. Hire and select your patent attorney wisely. From a strategic business point it is advisable to seek legal counsel and patent advice before filing a patent and get patent professional involved for writing patent claims and file patent before the patent office.

Indian Patent filing & International Patent filing involves the following patenting steps:

  • Action Plan Strategy Step 1: Pen down your invention with as much detail as possible including drawings/ diagrams that explain the working or concept of invention.
  • Action Plan Strategy Step 2: Next step is to find out if the invention meets all the patentability step criteria for the country in which the patent application has to be filed.
  • Action Plan Strategy Step 3: Writing patent and drafting the provisional patent / non-provisional patent application with patents depending on the stage of your invention. If you are at the stage where you have complete information about your invention then you can directly go for complete specification.
  • Action Plan Strategy Step 4: Up on patent filing the complete patent specification along with application for patent, the patent application is published after 18 months of first patent filing date.
  • Action Plan Strategy Step 5: A patent request for examination is filed after which the patent application is examined by a patent examiner and the examiner issues a first examination report to the patent lawyer representing the patent client.
  • Action Plan Strategy Step 6: The inventor and patent professional create and send a response to the examination in order to clear all the objections of the patent examiner.
  • Action Plan Strategy Step 7: After all the patent objections are explained and the patent examiner is of the view that the patent can be granted for the invention a formal letter is issued to the patent inventor. The patent is granted by the patent office and is published in the patent journal.
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Patenting filing India by Best Patent Intellectual Property firm in India Global PCT * Patent Writing Services

Tech Corp International Strategist (TCIS), India is an international intellectual property patent law firm in India providing patent writing services to clients and inventors across the globe.

New & innovative invention consultancy services by expert IPR attorneys & patent agents in India.

Tech Corp International Strategist (TCIS), India is an international law firm specializing in Intellectual Property Law, and we connect with patent attorneys in all the important Intellectual Property jurisdictions worldwide including US, Europe, UK, China, Singapore and Malaysia. We have expert intellectual property (IP) patent attorneys to perform patent searches and file PCT patent applications before the Indian Patent Office.

Tech Corp International Strategist (TCIS), India partners with the best technology thinking geek startups, international & domestic entrepreneurs based India which is a vital part of Tech Corp International Strategist (TCIS) approach to accelerate the growth of technology innovation.

Commercial Business Mediation in India by Supreme Court Lawyer

Patent lawyers, Patent agents, thinking geeks  at Tech Corp International Strategist (TCIS), India understand and review the technology and business in depth and provide various patent related services including Patent Laws, Technology Laws, Intellectual Property Rights, Patent filing services in India.

 

Patent experts at Tech Corp International Strategist (TCIS) assist in writing patent applications to be filed before Indian Patent Office (IPO), United States Patent office (USPTO)Our Indian patent law firm helps in resolving all the matters that affect startups and technology companies.

We believe in devoting TIME by providing services customized services to help our clients to achieve success according to their specific requirements. 

Tech Corp International Strategist (TCIS) is one of the Leading Intellectual Property (IP) Patent Law Firm in India.

To protect intangible assets in the current global scenario is very vital, for all technology and research institutions. We at TCIS, India believe in serving our global clientele by helping them to build and protect THEIR important intellectual property (IPR) assets which includes patent protection in India, brand protection by trademark filling Brand strategist & trademark patent attorney in Indiain India, copyright and industrial design filing in India.

WE provide premium services in Mobile Applications, Social Media, Cyber Laws and Pharmaceuticals, Biotechnology, Food & Healthcare.

We at Tech Corp International Strategist maintain corporate headquarters in Aerocity, New Delhi, India and counsels both foreign and domestic clients. Please take a closer look at our website and contact the strategic firm for assistance. 

Tech Corp International Strategist offers a global reach and extensive experience in working for Fortune 100 companies and drafted more than 1000+ patent specifications for global companies, foreign Universities, and Law firms and have strong association with foreign lawyers in more than 50 countries.

We have a team of techno-legal lawyers and Intellectual property patent lawyers having an experience of 12++ years.

obtain patents for your innovation Idea technology in India

We also have seasoned patent researchers who have experienced both the scientific and research sides of the industry. Together, we at TCIS,India have conducted 5000+ patent searches and worked with In-house counsels in executing more than 100 successful Intellectual Property based projects which have helped the global companies to close M&A transactions worth over $5 billion in medical healthcare and pharmaceutical sector. Currently, we maintain a close relationship with more than 100+ companies around the world.

Value Proposition

We are also proud that more than 95% of our global clients have returned for repeat legal corporate advisory services and patent related services. Our team of techno-legal professionals have a diverse science and legal background of both corporate advisory and Intellectual Property experience. To Read about our client testimonials: Click Here

We represent and assist technology companies and startups at all stages of research and development, including Protection of Technology by Patents, Brand Name Protection by Trademarks, Protection of Intellectual Assets by Copyrights and Industrial Designs, Strategic Transactions, Public Offerings, and Mergers & Acquisitions.

We also represent and assist startups and investors in venture capital financing.  We advise many entrepreneurs from initial company formation to liquidity event.

Our Intellectual property patent lawyers assist technology companies in various sectors including pharmaceuticals, healthcare, medical devices, telecommunications, web 2.0, mobile applications, semiconductors, software, social media, cloud computing, networking, clean tech, digital media, video games, virtual worlds and food tech sector including tea, alcohol, bakery products and restaurants.

In case you wish to obtain customized intellectual property services, please feel free to mail us at legal_desk@patentbusinessidea.com