What is freedom-to-operate (FTO) analysis?

An FTO analysis is a search and analysis of in-force third-party patents (and trade marks, designs, copyrights, GIs) that may be infringed by a planned product / process / service launch. The FTO report identifies the relevant IP, maps the planned product to the claims of the IP (claim charts), assesses the validity of the IP, identifies white space (areas where no in-force IP exists), and recommends the FTO position (clear / FTO with caveats / FTO blocked — needs redesign or licence).

What is the difference between an IP audit and an FTO analysis?

An IP audit is a **backward-looking** review of the client's owned IP (registered and unregistered) — what IP the client has, who owns it, what its status is. An FTO analysis is a **forward-looking** analysis of third-party IP that may be infringed by the client's planned product / process / service. The IP audit focuses on the client's IP; the FTO analysis focuses on third-party IP.

What is the open-source compliance audit and why is it important?

The open-source compliance audit is a review of the client's use of Free and Open-Source Software (FOSS) for compliance with the FOSS licence obligations. The audit generates a Software Bill of Materials (SBOM) listing the FOSS components with the licence of each. The audit is important because: (i) **GPL / AGPL / LGPL** components impose "copyleft" obligations — the derivative work must be released under the same licence; (ii) **Apache 2.0 / MIT / BSD** components impose minimal obligations (attribution, license text); (iii) failure to comply may result in copyright infringement claims by the Free Software Foundation (FSF) or the Software Freedom Conservancy (SFC) or the individual authors.

What is the AGPL v3 "network copyleft" provision?

Under s.13 of the AGPL v3, the copyleft obligation extends to software accessed over a network — i.e., if the client uses an AGPL v3 component in a SaaS product (where the software is not distributed but is accessed over a network by the user), the client must release the derivative work (including the client's proprietary code that interacts with the AGPL component) under the AGPL v3. This is a significant obligation for SaaS / cloud products — the open-source compliance audit identifies any AGPL v3 components and recommends mitigation (alternative components, or release of the derivative work).

What is ISO 56005:2020 and how does it relate to IP risk assessment?

ISO 56005:2020 is the international standard for "Innovation management — Tools and methods for intellectual property management". It provides a framework for the IP management process (IP creation, IP protection, IP commercialisation, IP enforcement) within an organisation's innovation management system. The ISO 56005:2020 framework is aligned with the National IP Policy 2016 of the DPIIT — the IP risk assessment should be conducted within the ISO 56005:2020 framework to ensure consistency with the client's overall IP management.

Is an IP risk assessment report admissible as evidence in court?

Yes — under s.65B of the Indian Evidence Act 1872 (as amended by the Information Technology Act 2000), the IP risk assessment report (which is an electronic record) is admissible as evidence in court, provided the report is certified by a person in a responsible position (the I-Pro IP Attorney / Advocate who signed the report) — the certification must identify the report, the source, and the manner of its creation. The report may be relied on by the client to demonstrate its IP due diligence (in an IP infringement suit, where the client alleges it conducted an FTO analysis before launching the product — the report may be produced to demonstrate the absence of wilful infringement).

What is the typical cost and timeline of an IP risk assessment?

The cost and timeline depend on the scope: IP audit: 4–8 weeks, ₹50,000–₹5,00,000; FTO analysis: 6–12 weeks, ₹2,00,000–₹20,00,000; infringement risk assessment: 2–4 weeks, ₹1,00,000–₹5,00,000; brand availability audit: 2–4 weeks, ₹25,000–₹2,00,000; open-source compliance audit: 4–8 weeks, ₹1,00,000–₹10,00,000. The cost is driven by the complexity of the technology (pharmaceuticals / 5G / AI being the most complex) and the size of the source code (for open-source compliance). I-Pro's specific fees for each engagement are agreed in the engagement letter — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED**.

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Ip Risk Assessment Reports

Q: What is a Software Bill of Materials (SBOM)?

A SBOM is a structured list of all the software components (including FOSS and proprietary components) used in a software product, with the licence of each component. The SBOM is generated by the FOSS compliance tool (Black Duck / FOSSA / Whitesource / ScanCode / SW360). The SBOM is required by: (i) the SEBI (Issue of Capital and Disclosure Requirements) Regulations 2018 Reg 26(1) — for IPO filings (in practice, the SEBI requires an SBOM for software-intensive IPOs — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED**); (ii) the U.S. Executive Order 14028 (May 2021) — for software supplied to the U.S. Federal Government; (iii) the EU Cyber Resilience Act 2024 — for software supplied in the EU.

IP Risk Assessment online with documentation support, fee transparency and timely filing. I-Pro Solutions handles intellectual property end-to-end for Indian.

Statutory basis: This is a **commercial practice** — no statutory filing or government form is required. The engagement is governed by (i) the **Indian Contract Act 1872** — the engagement letter between the client and I-Pro constitutes a contract for services.

Turnaround

7–14 Working Days

₹

Starts from

₹17,299

Money-back accuracy

Guaranteed

Total starting from

₹17,299

Professional fee (no government fee)

Professional fee₹17,299 starts with

Government fee (est.)No fee

Turnaround7–14 Working Days

Money-back accuracy. CA/CS specialist. Tracked client portal.

CONFIRMEDverified 25 Aug 2026

Dedicated specialist

CA-led, named point of contact

Tracked client portal

Real-time status, end-to-end

Money-back accuracy

Refile-free if our error

Flat-fee pricing

No hidden charges, ever

About this service

Ip Risk Assessment Reports is a key regulatory filing administered by No specific regulator — IP risk assessment is a commercial advisory practice. The reports may be relied on by: (i) the **client** (for internal decision-making — product launch decisions, M&A due diligence, fund-raising); (ii) the **investors** (venture funds, private equity, strategic investors — for IP due diligence before investment); (iii) the **banks and financial institutions** (for IP-backed lending — under the SARFAESI Act 2002 s.31(1)(t) excludes intangibles, but in practice Indian banks lend against IP on a security interest basis — **NOT CONFIRMED — PROFESSIONAL VERIFICATION REQUIRED**); (iv) the **courts** (in IP infringement litigation — as evidence of the client's IP due diligence); (v) the **SEBI** (in IPO filings — under the SEBI (Issue of Capital and Disclosure Requirements) Regulations 2018 — Reg 26(1) requires disclosure of IP risks; for certain sectors, an IP due diligence report is mandatory); (vi) the **Competition Commission of India** (in merger control — Combination Regulations 2011 Reg 11 — for IP-related combinations); (vii) the **DPIIT** (under the National IP Policy 2016 — for the IP audit of public-funded research institutions).. Filing is executed via No statutory forms — the IP risk assessment reports are produced in the format prescribed by the engagement letter. Standard reports typically include: (i) **IP Audit Report** — a comprehensive inventory of the client's registered and unregistered IP, with ownership status (registered / pending / abandoned), renewal status (for registered IP), encumbrances (licences, security interests), and litigation / opposition history; (ii) **Freedom-to-Operate (FTO) Report** — a non-infringement opinion (with claim charts mapping the planned product / process to the claims of in-force third-party patents); (iii) **Infringement Risk Assessment Report** — a probability-weighted assessment of the risk of an IP infringement suit against the client; (iv) **Brand Availability Audit Report** — a clearance search report identifying identical / similar prior trade marks and recommending whether to proceed with the launch; (v) **Open-Source Compliance Audit Report** — a Software Bill of Materials (SBOM) listing the FOSS components used by the client, with the licence of each component and the compliance status (compliant / non-compliant / pending review). under This is a **commercial practice** — no statutory filing or government form is required. The engagement is governed by (i) the **Indian Contract Act 1872** — the engagement letter between the client and I-Pro constitutes a contract for services; (ii) the **Code of Civil Procedure 1908** and the **Indian Evidence Act 1872** — for the admissibility of the IP risk assessment report in any subsequent litigation; (iii) the **Patents Act 1970** (s.2(1)(j) "invention", s.2(1)(ja) "inventive step", s.3 exclusions, s.10 disclosure, s.43 grant, s.53 term, s.64 revocation grounds, s.104 infringement, s.104A burden of proof, s.107A Bolar exception, s.146 Form 27 working-of-patent) — for the FTO analysis of patents; (iv) the **Trade Marks Act 1999** (s.2(1)(zb) "trade mark", s.9 absolute grounds for refusal, s.11 relative grounds, s.29 infringement, s.30 limits, s.47 rectification for non-use) — for the brand availability audit; (v) the **Copyrights Act 1957** (s.13 classes of works, s.14 meaning of copyright, s.51 infringement, s.52 fair dealing) — for the FTO analysis of copyrights (especially software code and content); (vi) the **Designs Act 2000** (s.2(d) design, s.4 registrability, s.11 term, s.22 piracy) — for the FTO analysis of designs; (vii) the **GI Act 1999** (s.2(e) GI, s.21 infringement, s.22 penalty) — for the FTO analysis of GIs (food, agriculture, handicraft products); (viii) the **Micro, Small and Medium Enterprises Development Act 2006** (MSME Act) — for the small-entity fee tier in patent and design filings (relevant where the FTO analysis recommends the client file protective IP); (ix) the **Income-tax Act 1961** — s.80-IC / s.80-IAB / s.80-IC for tax deductions on IP-intensive activities; (x) **International standards** — ISO 56005:2020 (Innovation management — Tools and methods for intellectual property management), ISO 9001:2015 (Quality management — applicable to IP management processes), IEC 62305 (NOT relevant to IP risk — this is lightning protection); (xi) **FOSS licences** (for the open-source compliance audit) — GNU General Public License v3 (GPL v3), GNU Affero General Public License v3 (AGPL v3), GNU Lesser General Public License v3 (LGPL v3), MIT License, Apache License v2.0, BSD License (2-clause and 3-clause), Mozilla Public License v2.0 (MPL v2.0), Eclipse Public License v2.0 (EPL v2.0); (xii) **FOSS compliance frameworks** — OpenChain Specification v2.1.1 (Linux Foundation OpenChain Project — ISO/IEC 5230:2020), SPDX Specification v2.2 (Software Package Data Exchange — ISO/IEC 5962:2021).. Our specialist-led team ensures full compliance with statutory documentation, eligibility verification, and expedited government approval.

Eligibility & thresholds

Minimum

Valid identity & address proof of applicant
Active PAN & registered business premises
Authorized representative authorization

Maximum

Compliant under applicable regulatory laws
No pending statutory disqualifications
Valid across authorized operational jurisdictions

Statutory floor

Pre-filing statutory documentation verification
Official statutory fee schedule as per authority
Mandatory periodic compliance filings post-approval

What's included

Everything in one transparent fee — no add-ons, no surprises.

Investor-Centric AOA Drafting

If you plan to raise institutional funding, standard Articles of Association (AOA) will not suffice. Venture capitalists demand specific clauses regarding right of first refusal (ROFR), tag-along/drag-along rights, and anti-dilution provisions. Our elite corporate lawyers draft sophisticated AOAs that anticipate future funding rounds, preventing costly and time-consuming structural overhauls when you secure term sheets.

Complex Multi-Founder Structuring

Co-founder disputes are the leading cause of early-stage startup failure. We don't just register your company; we advise on optimal equity splits, director roles, and authorized capital distribution. We provide templates for Co-Founder Agreements and vesting schedules, ensuring that the foundational relationship between partners is legally documented and aligned for long-term stability.

Rapid SPICe+ Processing Engine

Time is of the essence for startups. We utilize an advanced compliance engine that preemptively validates all data entered into the SPICe+ (INC-32) form. By cross-referencing PAN databases, checking DIN eligibility, and formatting registered office proofs perfectly, we eliminate typographical errors that typically cause frustrating ROC resubmission delays, ensuring first-pass approval.

Strategic Authorized Capital Advisory

Determining your initial Authorized Share Capital is a delicate balance. Set it too low, and you'll immediately face high fees to increase it during your first seed round. Set it too high, and you pay unnecessary upfront government stamp duty. We analyze your 12-to-18-month funding roadmap to recommend the exact optimal capital structure that minimizes immediate costs while accommodating your immediate growth.

ESOP Implementation Framework

Attracting top-tier talent in the startup ecosystem often requires offering Employee Stock Ownership Plans. A Private Limited Company is the only structure that efficiently supports this. As part of our premium advisory, we structure your initial cap table to accommodate a future ESOP pool seamlessly, ensuring you are ready to incentivize your founding team.

Comprehensive Post-Incorporation Toolkit

Receiving the Certificate of Incorporation is just the starting line. Within the first 30 to 180 days, you must open a bank account, appoint a statutory auditor (ADT-1), and file the Commencement of Business (INC-20A). We provide a complete post-incorporation execution service, handling these mandatory compliance milestones so you can focus entirely on product development and sales.

Government Fee Breakdown

Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.

Fee Component	Amount (₹)	Basis / Authority
Ip Risk Assessment Reports Statutory Filing	₹0 (No government fee)	Government fee is Nil / exempted under applicable statutory rulesOfficial Regulator
Total Government Fee	No fee	(for default assumptions stated below)

Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.

Required documents

Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.

›For the IP audit: — For the IP audit:
›the client's **IP register** (where maintained — most SMEs do not maintain a formal IP register, so — the client's **IP register** (where maintained — most SMEs do not maintain a formal IP register, so I-Pro typically constructs the register from the client's filings on ipindia.gov.in and copyright.gov.in); (ii) the client's **products / services list** with the relevant IP classification (patents for technical inventions, trade marks for branding, designs for visual appearance, copyrights for content, GIs for geographical-origin goods, FOSS for software); (iii) the client's **assignment / licence agreements** (for the chain of title); (iv) the client's **R&D investment records** (for the IP audit and for the s.35(2)(ii) weighted deduction). For the FTO analysis:
›the client's planned product / process **specification** (technical description with claims-like lan — the client's planned product / process **specification** (technical description with claims-like language); (ii) the **target markets** (India + foreign countries where the product will be sold); (iii) the **launch timeline** (to assess the relevance of in-force patents expiring before launch). For the brand availability audit:
›the proposed **trade mark** (word mark + device mark); (ii) the **goods / services classes** under t — the proposed **trade mark** (word mark + device mark); (ii) the **goods / services classes** under the Nice Classification (Schedule IV to the Trade Marks Rules 2017); (iii) the **target markets** (India + foreign). For the open-source compliance audit:
›the client's **software source code** (typically the production-grade source code, with the build fi — the client's **software source code** (typically the production-grade source code, with the build files and dependency manifests — package.json / requirements.txt / Gemfile / pom.xml / build.gradle / composer.json); (ii) the **deployment architecture** (to identify the AGPL / GPL copyleft exposure for network-deployed software — under the AGPL v3 s.13 — the AGPL copyleft extends to software accessed over a network).

How it works

Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.

1
Customer⏱ 1 - 3 Days
Step 1: **Customer** briefs I-Pro on the engagement
**Customer** briefs I-Pro on the engagement — the type of IP risk assessment (IP audit, FTO analysis, infringement risk assessment, brand availability audit, open-source compliance audit), the scope (products / services, target markets, time horizon), the budget, and the timeline.
2
I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** drafts the **engagement letter** specifying the scope, the delivera...
**I-Pro** drafts the **engagement letter** specifying the scope, the deliverables, the timeline, the fees, and the limitations of the engagement (the IP risk assessment is not a legal opinion and does not constitute legal advice — the client should consult a qualified IP Attorney / Advocate for any specific legal question).
3
I-Pro⏱ 1 - 3 Days
Step 3: **I-Pro** conducts the **IP audit**
**I-Pro** conducts the **IP audit** — searches the Indian IP public search portals (ipindia.gov.in, copyright.gov.in) and the international portals (WIPO Patentscope, USPTO, EUIPO, JPO) for the client's IP (registered and pending); reviews the client's assignment / licence agreements; constructs the client's IP register; and identifies gaps (where the client has IP that is not registered, where the registrations are due for renewal, where the assignments are not recorded).
4
I-Pro⏱ 1 - 3 Days
Step 4: **I-Pro** conducts the **FTO analysis**
**I-Pro** conducts the **FTO analysis** — searches the Indian and international patent databases (InPASS, WIPO Patentscope, EPO Espacenet, USPTO) for in-force third-party patents that may be infringed by the client's planned product / process; prepares **claim charts** mapping the planned product / process to the claims of the relevant patents; assesses the validity of the relevant patents (s.64 Patents Act revocation grounds); identifies the **white space** (areas where no in-force patents exist); recommends the FTO position (clear / FTO with caveats / FTO blocked — needs redesign or licence).
5
I-Pro⏱ 1 - 3 Days
Step 5: **I-Pro** conducts the **infringement risk assessment**
**I-Pro** conducts the **infringement risk assessment** — assesses the probability-weighted risk of an IP infringement suit against the client (based on the IP owner's litigation history, the market overlap, the size of the client's commercial use, the likelihood of detection); recommends risk mitigation (redesign, licence, settlement, IP filing).
6
I-Pro⏱ 1 - 3 Days
Step 6: **I-Pro** conducts the **brand availability audit**
**I-Pro** conducts the **brand availability audit** — searches the Trade Marks Public Search (ipindia.gov.in) and the WIPO Global Brand Database and the EUIPO eSearch+ for identical / similar prior trade marks in the relevant Nice Classification classes; assesses the risk of opposition under s.11 TM Act (relative grounds — likelihood of confusion, similarity of goods / services); recommends whether to proceed with the brand or to choose an alternative.
7
I-Pro⏱ 1 - 3 Days
Step 7: **I-Pro** conducts the **open-source compliance audit**
**I-Pro** conducts the **open-source compliance audit** — runs the FOSS compliance tool (Black Duck / FOSSA / Whitesource / ScanCode / SW360) on the client's source code; generates the Software Bill of Materials (SBOM) listing the FOSS components with the licence of each; identifies any **copyleft** components (GPL, AGPL, LGPL, MPL) that may impose obligations on the client's proprietary code (e.g., the GPL v3 copyleft obligation to release the derivative work under GPL); identifies any **permissive** components (MIT, Apache 2.0, BSD) that impose minimal obligations; assesses the compliance status (compliant / non-compliant / pending review).
8
I-Pro⏱ 1 - 3 Days
Step 8: **I-Pro** drafts the **IP Risk Assessment Report**
**I-Pro** drafts the **IP Risk Assessment Report** — typically 30–100 pages — with the executive summary, the methodology, the findings, the recommendations, and the limitations; the report is reviewed by the I-Pro IP Attorney / Advocate and the technical expert.
9
I-Pro⏱ 1 - 3 Days
Step 9: **I-Pro** delivers the report to the client and **presents the findings**
**I-Pro** delivers the report to the client and **presents the findings** — typically in a 1–2 hour meeting with the client's senior management; the client may request clarifications or additional analysis (e.g., a deeper FTO analysis on a specific patent, a more detailed open-source compliance audit on a specific module).
10
Regulator⏱ 1 - 3 Days
Step 10: **I-Pro** may follow up with **corrective actions**
**I-Pro** may follow up with **corrective actions** — recommending the client file IP applications for unregistered IP, record pending assignments, renew due registrations, redesign products to avoid third-party IP, obtain licences for third-party IP, or modify the software to comply with the FOSS licences.

Post-registration compliance

What to file next. I-Pro handles these as part of the annual compliance package.

Filing	Form	Deadline
Statutory IP Renewal (Form TM-R / Patent Form 12) Penalty: Surcharge fee; removal of mark from official Register	`10 Years`	Every 10 years prior to certificate expiration date
Response to Examination Report / Objection Penalty: Application deemed abandoned without oral hearing	`Event-based`	Formal legal reply within 30 days of examiner report issuance
Continuous Commercial Use & Evidence Maintenance Penalty: Vulnerability to cancellation / rectification for non-use (Section 47)	`Continuous`	Retain continuous invoices, packaging, and digital promotional records
Proper Statutory Registered Symbol Usage Penalty: Imprisonment up to 3 years and criminal prosecution under Section 107	`Continuous`	Use (R) symbol strictly after registration grant certificate issue

Penalties for non-compliance

Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.

Non-compliance	Provision	Penalty
Statutory IP Renewal (Form TM-R / Patent Form 12)	10 Years	Surcharge fee; removal of mark from official Register
Response to Examination Report / Objection	Event-based	Application deemed abandoned without oral hearing
Continuous Commercial Use & Evidence Maintenance	Continuous	Vulnerability to cancellation / rectification for non-use (Section 47)
Proper Statutory Registered Symbol Usage	Continuous	Imprisonment up to 3 years and criminal prosecution under Section 107

Common mistakes to avoid

Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.

1
Mismatched applicant legal name or identity details across KYC proofs
Why: Government verification APIs cross-check with UIDAI and MCA databases and automatically flag discrepancies in spelling or dates.
Fix: Our specialists pre-validate your documents against official government databases before portal filing.
2
Submitting outdated utility bills or non-notarized commercial leases
Why: Premises proofs older than 60 days or defective landlord NOCs trigger statutory scrutiny queries and multi-week processing delays.
Fix: We verify recent billing dates and provide pre-formatted, legally vetted landlord NOC and lease formats.
3
Selecting incorrect classification, turnover slab, or statutory activity code
Why: Applications filed under inappropriate classifications attract show-cause notices and potential rejection without statutory fee refund.
Fix: We conduct a statutory scope assessment to align your application with the exact regulatory requirements.

Frequently asked questions

Everything you need to know about this service.

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