Cross-Border IP Strategies for Global Startups

Protecting Innovation Across the U.S.–India Corridor

For startups with global ambitions, protecting innovation doesn’t stop at home. In fact, some of the costliest IP mistakes happen when founders delay or overlook international strategy—especially in fast-growing markets like the U.S. and India.

At Evergreen Valley Law Group, many of our clients operate across borders or plan to expand soon. Whether it’s a startup in Bengaluru looking to launch in Silicon Valley or a U.S.-based company collaborating with Indian developers, the challenges are similar: different rules, different timelines, and very different consequences if you get it wrong.

Let’s talk about how to get it right.

Think Globally—From Day One

Founders often treat international IP as a future problem. But the truth is, decisions made in the early stages—like when and where to file patents, or how IP is assigned in contracts—can have lasting implications. If your core technology is developed in India but the business is incorporated in Delaware, who owns the IP? And are your invention assignments enforceable under both jurisdictions?

The earlier you address these questions, the stronger your position will be when investors, acquirers, or regulators come calling.

Prioritize Filing Strategy by Market and Stage

The U.S. Patent and Trademark Office (USPTO) and the Indian Patent Office (IPO) operate on different standards and timelines. For example, the U.S. offers provisional applications, which give you a cost-effective way to establish a filing date while refining your invention. India, on the other hand, allows for expedited examination in some sectors but has specific procedural requirements that can catch founders off guard.

One best practice: Use the Patent Cooperation Treaty (PCT) to delay foreign filing decisions while preserving your rights globally. This gives you up to 30 months to evaluate markets, secure funding, and fine-tune your IP strategy.

Mind the Ownership Gaps

Cross-border collaborations often involve multiple parties—founders in the U.S., engineers in India, consultants elsewhere. But if you don’t have ironclad IP assignment clauses in place, your startup might not fully own the innovation it’s built on.

We’ve reviewed countless agreements where IP ownership was vague, conflicting, or entirely missing. These gaps can delay deals, scare off investors, and in worst-case scenarios, result in costly litigation or lost rights.

At EVLG, we draft and review cross-border agreements to ensure IP is properly assigned and protected across jurisdictions. No assumptions. No loopholes.

Understand the Value of Trademarks—Before Expansion

While patents get much of the attention, your brand is just as important to protect. Filing a trademark in the U.S. does not automatically cover India (or any other country), and trademark squatting remains a real threat in emerging markets.

If you plan to expand, market, or manufacture in another country, file defensively and early. Align your trademark classes and get legal guidance to avoid costly rebrands later.

Watch for Export Control and Data Regulations

IP strategy doesn’t exist in a vacuum. Export control laws (like ITAR and EAR in the U.S.) can limit how and where certain technologies are shared. Meanwhile, India’s evolving data protection laws may affect how cross-border data transfers are handled—and how “data IP” is treated in contracts.

At EVLG, we help clients map out not just IP protections, but the broader legal landscape. The goal is holistic: protect the idea, safeguard the data, and support the business.

How Evergreen Valley Law Group Can Help

We specialize in helping founders navigate the legal complexities of global growth, especially across the U.S.–India corridor. From securing patents and trademarks to structuring enforceable contracts and guiding cross-border investments, we act as a strategic partner—not just legal counsel.

Our approach is proactive, tailored, and grounded in both jurisdictions’ legal realities. And because we’ve been in boardrooms and investor calls, we know how to align your IP strategy with your broader business goals.

Looking Ahead

For startups aiming to scale globally, IP isn’t a box to check—it’s a foundation to build on. And when it comes to protecting that foundation across borders, generic advice won’t cut it.

You need a strategy built around your business model, your markets, and your ambitions.

If that’s the kind of partnership you’re looking for, reach out. At Evergreen Valley Law Group, we’re here to help you protect what matters—wherever you grow.