Bisani Legal Empowers Founders with Strategic IP Protection and Legal Playbook

Every founder dreams of building the next big thing – a revolutionary product, a disruptive service, an innovative solution that changes the world. But amidst the excitement of product development, customer acquisition, and fundraising, there's a critical foundation that many entrepreneurs tragically overlook: their legal infrastructure.

Enter Adv. Saket Bisani, founder of Bisani Legal, a Bangalore-based law firm that's become a trusted partner for startups across India. With a unique background that combines technical expertise (he won three international hackathons during law school) with deep legal knowledge, Bisani has positioned himself at the intersection of technology, innovation, and law.

"I realized that technology is where the innovation is going to happen and this is going to create a big impact," Bisani reflects. "I wanted to be along with them as a sounding board to be able to achieve that dream."

The Foundation Problem: Why Founders Skip Legal Basics

The pattern is alarmingly common. A brilliant founder identifies a problem, builds a solution, and rushes to market. They're focused on selling, building, and scaling. Legal considerations? Those can wait until after funding, right?

Dead wrong.

"Many jump straight into selling or building without securing their legal base," Bisani warns. "It's like constructing a skyscraper without laying down the foundation. These fundamentals – your basic IP, founders agreement, terms and conditions – are the very foundational blocks."

The consequences are devastating. Founders find themselves in disputes they can't win, facing trademark challenges they should have avoided, and watching competitors rip off their innovations without legal recourse.

What Exactly Are These Fundamentals?

• Trademark Protection: Securing your brand identity from day one
• Founders Agreement: Clearly defining roles, ownership, and exit provisions
• Vendor & Customer Contracts: Protecting your business relationships
• Terms & Conditions: Establishing legal boundaries for your services

Without these elements, you're not just risking legal problems – you're building your business on quicksand.

The Founders Agreement: Your Most Critical Document

Ask any experienced entrepreneur or investor: co-founder disputes destroy more startups than market competition or technical failures. The statistics are brutal, but entirely preventable.

"Most disputes arise not from the malicious intent of the other person," Bisani observes. "A founders agreement should be more like a roadmap where the ownership rights are given, exit provisions are provided, dispute resolution is defined, and vesting rights are established."

What Every Founders Agreement Must Include

The beauty of a well-drafted founders agreement is that it forces difficult conversations early, when everyone is still optimistic and aligned. It prevents the "he said, she said" scenarios that torpedo companies when things get tough.

Government Schemes: The Free Money Founders Don't Know About

Here's a shocking reality: most Indian startups are leaving massive government benefits on the table simply because they don't know these programs exist.

"Even when startups want to file a trademark, they just have to pay the government fees of ₹4,500. The rest of the charges like legal charges for counsel is also paid by the government," Bisani explains. "After their trademark is registered, if they're in MSME, they can claim ₹10,000 as reimbursement."

The Karnataka government's Elevate scheme has already distributed grants to 197 startups, yet many eligible founders remain unaware. The federal government is pushing innovation and supporting startups in all possible ways – but founders need to educate themselves about these opportunities.

IP Strategy: When Should Founders Start Protecting Intellectual Property?

The short answer: Day one.

"I would say protecting your IP should be done on the first day – at least your trademarks," Bisani emphasizes. "You can file for patents later because you can't patent or copyright an idea. There should be some product, but your trademark could be done the very first day."

The Trademark Protection Process

Here's the strategic approach Bisani recommends:

1. Day 1: Conduct trademark search for your chosen brand name
2. Day 2: File trademark application if clear
3. Ongoing: Monitor for conflicting marks in your industry
4. Long-term: Use TM symbol during registration, ® after registration

Why this urgency? Because changing your brand name later is expensive and devastating. Your brand identity – everything you've built – could be threatened by someone who registered a similar mark before you.

Patent Filing: The Three Essential Requirements

Many tech founders assume their innovative software or AI algorithm is patentable. Not necessarily. Bisani breaks down the three non-negotiable requirements for patent protection:

Can Software Be Patented?

Here's the reality check: "Codes per se cannot be patented. It should be put into a product," Bisani explains. "It's a little difficult, but I know a lot of people who have been able to get this. This is possible, but it's a little challenging."

For many software startups, the better strategy might be maintaining algorithms as trade secrets rather than pursuing patent protection. Trade secrets don't require disclosure and don't expire – but they require robust internal security measures.

Founder Disputes: Mediation Over Litigation

Despite the best preparations, disputes happen. And when they do, the natural instinct is to lawyer up and head to court. Bisani strongly advises against this approach.

"Most disputes are ego clashes. It's not really about what's happening – it's ego between the parties or blaming the other side," he observes. "Having a third-party neutral mediator is the best way. They can hear both founders and give suggestions on explaining the other side's story."

The Government Mediation Infrastructure

Most founders don't realize that every state has government mediation centers that are either free or cost a nominal amount (up to ₹1,000). These centers provide professional mediators who can help resolve disputes amicably.

"You can just write an email to them, CCing the other party. Both founders would be called on a particular day. They could sit together or do it online and give their side of the story," Bisani explains. "It's non-binding, but it's at least a way to save a lot of time, effort, energy, and the relationship."

In fact, the court system now mandates pre-litigation mediation for any commercial dispute over ₹3 lakh under Section 12A. Even courts have recognized that mediation saves relationships and reduces case backlogs.

Payment Recovery: The Paper Trail Strategy

One of the most common problems startups face: clients who don't pay. The frustration is immense, but Bisani's strategy is methodical and surprisingly effective.

"The legal process does not start when you go to court. It starts from the day the default of payment happens," he emphasizes.

The key insight: create admission of liability through documentation. Every message, every commitment, every acknowledgement becomes evidence that makes court proceedings straightforward if they become necessary.

Legal Notices: Educational Tools, Not Just Threats

Many founders view legal notices as aggressive opening salvos in litigation. Bisani sees them differently.

"I look at legal notices as a tool to educate the other party about the consequences of what has not happened," he explains. "Before we send a notice, our work starts with building these communications. We use those communications as the facts of the case."

The Power of a Well-Crafted Notice

Effective legal notices include:

• Document Trail: References to previous communications and commitments
• Applicable Law: Specific legal provisions (MSME 45-day payment rule, GST consequences)
• Financial Consequences: Interest implications, tax impacts, account freezing possibilities
• Clear Deadline: Specific timeframe for resolution

"If you're an MSME, payments must be released in 45 days. If payment is not done and GST has been paid within 180 days, that GST input should be disallowed," Bisani explains. "That expense is gone. If the expense decreases, income increases. If income increases, more tax has to be paid and they're penalized further."

These consequences – often unknown to the defaulting party – create powerful motivation for settlement. Most disputes resolve at this stage without court intervention.

AI in Law: Assistant, Not Replacement

With AI revolutionizing every industry, will lawyers and judges be replaced by algorithms? Bisani's answer is nuanced and insightful.

"I do not see it replacing the legal system. Yes, I do see that it would replace the repetitive tasks that happen in court," he predicts. "But judgment, empathy, and courtcraft will never be replaced. AI is just an assistant, not a replacement."

The Human Element

"AI is doing a wonderful job in research, giving you research understanding and breaking down things," Bisani acknowledges. "But AI somehow lacks the experience of how disputes are evolving. It's just learning. It doesn't have the experience. It will see everyone as the same box."

The reality: when you talk to another party, you're able to gauge what kind of person they are, what they really want, and modify your approach accordingly. That's something AI will never be able to replace.

The Bisani Legal Approach: Empathy, Clarity, and Handholding

What sets Bisani Legal apart in a crowded legal services market? It's their philosophy of client service, built on three pillars:

"I wanted clients to feel they had someone in their corner at all times," Bisani reflects. "Even if they called me late at night with simple queries, I was there. I felt more like an educator – someone who could inform them and educate them about what their rights are."

This client-centered approach has generated powerful testimonials. Clients consistently mention responsiveness, accessibility, and the feeling that Bisani Legal acts as an extension of their team rather than an external service provider.

Key Takeaways: Your Legal Action Plan

Bisani Legal's insights provide a comprehensive roadmap for founders navigating the legal landscape. Here's your action plan:

1. Protect Fundamentals from Day One

The Insight: Legal basics aren't distractions from building – they're the foundation that makes sustainable building possible.

Your Action: File trademarks, create founders agreement, establish vendor/customer contracts before launching.

2. Leverage Government Schemes

The Insight: Massive government support is available but underutilized simply due to lack of awareness.

Your Action: Research MSME benefits, trademark subsidies, and state-level grants like Elevate. Apply for every program you qualify for.

3. Mediation Over Litigation

The Insight: Most disputes are ego clashes, not malicious conflicts. Mediation preserves relationships and saves resources.

Your Action: Include mediation clauses in all contracts. Use government mediation centers before heading to court.

4. Document Everything

The Insight: The legal process starts from day one of any transaction, not when you decide to go to court.

Your Action: Create paper trails for all commitments. Get acknowledgements. Send follow-up messages. Build documentation habits.

5. Use Legal Notices Strategically

The Insight: Legal notices are educational tools about consequences, not just threats.

Your Action: Craft notices that document the paper trail, explain applicable laws, and outline specific consequences. Most disputes resolve at this stage.

6. View AI as a Tool, Not a Replacement

The Insight: AI can handle repetitive tasks and research, but human judgment is irreplaceable.

Your Action: Use AI for contract review and research, but rely on experienced lawyers for strategy, negotiation, and dispute resolution.

The broader lesson for founders is clear: legal strategy isn't a distraction from building – it's an integral part of building responsibly and sustainably. As Bisani puts it, "Focus on what you want to grow. If you focus on disputes and wrongdoings, that will get increased. But if you focus on value you're adding to customers, that will grow."

With the right legal foundation, founders can focus on what matters most: building innovative products, serving customers, and scaling their businesses. The legal infrastructure becomes an enabler rather than an obstacle – exactly as it should be.

About the Guest

Adv. Saket Bisani is the founder of Bisani Legal, a premier law firm based in Bangalore specializing in startup law, intellectual property, corporate advisory, and dispute resolution. A legal luminary with extensive experience in the High Court of Karnataka, Bisani combines technical acumen (having won three international hackathons during law school) with deep legal expertise.

Before founding Bisani Legal, he recognized the need for startup-focused legal services that went beyond traditional transactional work. His firm emphasizes empathy, clarity, and ongoing partnership – acting as strategic advisors rather than just service providers. Bisani is a Member of the Supreme Court Bar Association and has fostered professional relationships across major Indian cities from Delhi to Mumbai, Chennai to Kolkata.

Bisani Legal is a full-service law firm committed to delivering exceptional legal services and achieving favorable outcomes for clients. With expertise in corporate law, intellectual property, dispute resolution, real estate, and family law, the firm has established itself as a trusted partner for startups and businesses across India. Their client-centered approach, responsiveness, and dedication to client success have generated consistent testimonials and referrals.