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For founders
Building an IP position before a raise
What should our IP look like at Series A?
A small number of well-drafted filings covering what competitors would have to do, with clean title and accurate public statements - not a large number of thin ones.
What a credible position looks like
One or two applications whose independent claims cover the technical thing that makes your product hard to copy. Written assignments from every inventor, recorded. Consistent, accurate language on the website and in the deck. And a view on freedom to operate, even a scoped one.
What does not help: a dozen filings on incremental features, each with claim 1 describing a product variant. They cost money to prosecute and renew, and they signal activity rather than strategy.
Timing
Filing before the raise matters for two reasons. The pitch process itself is a disclosure risk - an architecture slide can enable the invention. And filings made after a term sheet look reactive.
If runway is tight, one well-drafted application is a better use of the money than three cheap ones. Drafting quality is what decides whether the asset is worth anything, and it is invisible at the time.
What to actually do
- Prioritise claim quality over filing count.
- File before the pitch process, not after the term sheet.
- Get title clean and recorded first.
- Be able to say, in one sentence, what a competitor would have to avoid.
Sources & further reading
- The Patents Act, 1970 (consolidated to 1 August 2024) — Official IP India text
Related
What investors actually check about your IP
Chain of title, accuracy of what you have claimed publicly, freedom to operate, and whether anything critical exists only in someone's head.
Claim 1 describes your product instead of your invention
Claim 1 is the patent. If it recites the specific product you happened to build - your materials, your dimensions, your architecture - then a competitor only has to …
A higher patent count means a stronger IP position.
Count is the least informative number about a portfolio. What matters is what a competitor cannot do without a licence.
Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.
Educational guidance, not legal advice. This material is published by Ragulika IP for general education and information. It is not legal advice, it does not create a professional-client relationship, and it is not a substitute for advice on your own facts. Patentability, infringement, prosecution strategy and every other IP outcome turn on the specific facts and on the law and Patent Office practice as they stand at the time you act. Please take professional advice before making a decision, and read the underlying provision or judgment before relying on any point stated here.
Last reviewed by Ragulika IP on 2026-08-23. Indian patent law and Patent Office practice change; check the position before you rely on it.
