Tag: E-Payments

Bootstrapping is a self-funding approach where entrepreneurs launch and grow their businesses using personal savings, revenue reinvestment, or minimal external capital. Unlike seeking investors, bootstrappers retain full ownership and control, avoiding debt or equity dilution. This method suits startups with low initial costs (e.g., consulting, e-commerce) or those prioritizing slow, sustainable growth. While it limits rapid scaling, it fosters financial discipline and customer-focused innovation—businesses like Mailchimp and GitHub famously bootstrapped before achieving massive success. Challenges include cash flow constraints and resource limitations, but creative cost-cutting (e.g., remote teams, organic marketing) can offset these hurdles. Bootstrapping is ideal for founders who value independence and long-term stability over quick exits.

Functions of Bootstrapping:

• Capital Efficiency

Bootstrapping enforces capital efficiency by compelling entrepreneurs to manage limited financial resources wisely. With no external funding, every expense is scrutinized, and non-essential costs are minimized. This leads to lean operations, where the focus is on essentials like product development, customer service, and revenue generation. By avoiding wasteful spending, startups remain agile and cost-effective. This disciplined approach ensures sustainability, especially in early stages, and helps build a self-sustaining business model where growth is gradual but stable. Efficient capital use also attracts investors later, as it demonstrates financial prudence and operational maturity.

• Complete Ownership and Control

One of the primary functions of bootstrapping is allowing founders to retain full ownership and control over the business. Without external investors or lenders, entrepreneurs make decisions independently, aligning all strategies with their original vision. This autonomy supports long-term thinking, as founders aren’t pressured by external stakeholders for quick returns. Complete control also allows for creative freedom and faster decision-making. Since there is no equity dilution, all profits remain with the founder, increasing personal stakes in the business’s success. This fosters a deeper commitment to innovation, customer satisfaction, and sustainable growth.

Stages of Bootstrapping:

• Ideation Stage

This is the initial phase where the entrepreneur develops a business idea or concept. At this point, there is little to no funding, and the founder relies heavily on personal savings or free resources. Market research, problem identification, and value proposition definition occur here. There’s a strong focus on planning, prototyping (often basic or free tools), and validating the idea with potential users. The goal is to determine whether the concept has real demand before committing more personal resources or time.

• Commitment Stage

In this stage, the entrepreneur fully commits to the idea and starts building a minimal viable product (MVP). The startup is still primarily self-funded. Personal savings, income from side jobs, or reinvested earnings may be used to support the business. Founders often wear multiple hats, performing roles in product development, marketing, and customer service. The aim is to create something functional enough to attract early adopters or generate revenue. Resource constraints drive frugal innovation and close engagement with customers for feedback.

• Traction Stage

At this point, the business starts gaining customers and generating revenue, even if modest. The focus shifts to customer retention, product refinement, and word-of-mouth marketing. Revenues are reinvested into the business to fuel organic growth. Bootstrapped startups typically begin to scale slowly, hiring selectively, using low-cost marketing channels (like social media or referrals), and seeking partnerships. The traction stage proves the viability of the business model and prepares the venture for potential scaling or future funding if desired.

• Growth Stage

Now the startup is stable and begins expanding more strategically. Revenues are stronger and can fund more robust operations, including hiring, marketing, and product upgrades. The founder may still choose to remain bootstrapped or selectively seek funding (if needed) without compromising ownership. At this point, the business has survived initial challenges and focuses on sustainable scaling, market expansion, and building a competitive edge. The venture may also attract investor interest due to proven viability and efficient operations.

Strategies of Bootstrapping:

• Personal Savings

Using personal savings is one of the most common bootstrapping strategies. Entrepreneurs rely on their own money to start and sustain the business during the early phases. This approach ensures complete control over decision-making and avoids the need to dilute ownership or seek investor approval. However, it carries personal financial risk. It teaches discipline in spending, fosters lean operations, and encourages resource optimization. Entrepreneurs typically combine savings with other cost-saving measures like working from home or using free tools until the business starts generating sufficient revenue.

• Sweat Equity

Sweat equity involves investing time, skills, and effort in place of money. Entrepreneurs and early team members work long hours, often without immediate compensation, to build the business. This approach allows founders to create value and grow the company while preserving equity and minimizing costs. Sweat equity builds strong commitment and ownership among team members. It’s especially useful in the development phase, where skilled co-founders or collaborators (like coders, marketers, or designers) contribute work in exchange for future equity or revenue shares instead of upfront payments.

• Revenue Reinvestment

Bootstrapped businesses often reinvest all their early earnings back into the company to drive growth. This strategy avoids external funding by using the business’s own profits to scale operations, improve products, or expand marketing. It ensures financial discipline and helps build a self-sustaining model. Reinvesting revenues requires a careful balance between paying essential expenses and saving enough for future development. It also builds investor confidence in case the business seeks funding later, as it shows a proven track record of profitability and capital efficiency.

• Low-Burn Operations

This strategy emphasizes maintaining extremely low operational costs. Founders may work from home, outsource tasks to freelancers, use free or open-source software, and avoid full-time hires. Marketing is done through organic means like content marketing, social media, or referrals. Keeping overhead low allows startups to stretch their limited resources over a longer period and reach milestones without external funding. It fosters creativity and innovation, as entrepreneurs are often forced to find smarter, cheaper ways to solve problems and deliver value to customers.

• Customer Funding

Instead of relying on investors, some startups use pre-orders, early sales, or upfront customer commitments to finance development and growth. This approach not only validates market demand but also provides working capital. For example, software companies may offer beta access at a discount, while product-based startups might launch crowdfunding campaigns. This strategy builds early customer trust and loyalty, reduces financial dependency, and encourages building what customers actually need. It also serves as a proof-of-concept for future investors or partners by showing genuine interest from paying users.

Advantages of Bootstrapping:

• Full Ownership and Control

One of the biggest advantages of bootstrapping is that entrepreneurs retain complete ownership and control of their business. Since no external investors are involved, there’s no need to give away equity or answer to shareholders. This independence allows founders to make decisions aligned with their vision and values without external pressure. It fosters long-term thinking and commitment. Entrepreneurs can move quickly, pivot when needed, and follow their instincts. This autonomy can be highly motivating and rewarding, especially when the business becomes profitable, as all gains stay within the founding team.

• Financial Discipline

Bootstrapping forces entrepreneurs to be financially prudent. With limited resources, every expense is evaluated critically, promoting a lean and efficient approach to operations. This discipline helps in building a sustainable business model and avoiding unnecessary spending or overhiring. Entrepreneurs learn to prioritize, focus on essential activities, and generate revenue early. Such habits become valuable assets as the business grows. This approach minimizes debt and reduces the risk of financial failure, as the company scales based on actual revenue rather than borrowed or investor capital.

• Stronger Customer Focus

When bootstrapped, startups rely heavily on customer revenue rather than investor funding. This shifts the focus toward understanding and meeting customer needs effectively. Entrepreneurs must validate their ideas quickly, seek feedback, and iterate their products based on real demand. This close alignment with customers leads to better product-market fit and stronger relationships. Happy customers often turn into brand advocates, contributing to organic growth. Since customer satisfaction becomes the primary growth driver, the business is built on real value creation, not just marketing or investor hype.

• Higher Long-Term Profits

Since bootstrapped companies don’t dilute ownership through equity sales or pay investor dividends, all profits remain within the company or its original founders. As the business grows and becomes successful, the financial returns for founders can be significantly higher than in venture-funded startups. Additionally, avoiding debt and interest payments improves net income. This setup allows reinvestment into the business or personal wealth accumulation. It also provides flexibility in future financial planning, such as selling the business or scaling further without external interference.

• Greater Flexibility and Agility

Bootstrapped startups are typically smaller and more agile, enabling them to adapt quickly to market changes or customer feedback. Without layers of approvals or board meetings, decisions can be made swiftly, allowing faster execution and innovation. This speed is a competitive advantage, especially in rapidly evolving industries. Bootstrapped founders can experiment with ideas, pivot when necessary, and take creative risks without needing investor approval. This flexibility makes it easier to explore new niches, respond to competitors, or adjust strategies as new opportunities or challenges arise.

Disadvantages of Bootstrapping:

• Limited Access to Capital

Bootstrapping relies solely on personal savings, revenue, or minimal outside help, which significantly limits the financial resources available. This constraint can hinder business growth, prevent large-scale marketing efforts, and delay product development or hiring. Startups may struggle to compete with well-funded rivals that can scale faster. Essential tools or infrastructure might be out of reach, causing operational inefficiencies. Without external funding, bootstrapped companies must grow slowly and organically, which may not be suitable for time-sensitive or capital-intensive industries where early market capture is critical for survival and long-term success.

• High Personal Financial Risk

Entrepreneurs who bootstrap often invest their personal savings or assets into the business, which exposes them to significant financial risk. If the business fails, they may lose their savings, fall into debt, or face personal financial hardship. Unlike venture capital or bank loans that spread the risk, bootstrapping places the burden entirely on the founder. This pressure can create stress, affect personal relationships, and discourage risk-taking. Moreover, the lack of a financial safety net can lead to overly cautious decisions, which might limit innovation or delay critical investments that could otherwise propel growth.

• Slower Growth Rate

Without external funding, businesses grow primarily through reinvested profits and cash flow, which limits the pace of expansion. This slower growth can result in lost market opportunities or a weaker competitive position. While competitors with investor backing may scale rapidly, launch new products, or capture larger customer bases, bootstrapped companies may lag behind. The slower speed also affects brand visibility and market presence. In fast-moving sectors like tech or e-commerce, timing can be critical, and delay can mean missed chances, making it difficult to recover or catch up later.

• Limited Resources and Capabilities

Bootstrapped startups often operate with minimal staff, basic tools, and lean infrastructure due to budget constraints. This limitation can affect product quality, customer service, marketing reach, and overall efficiency. Founders may need to juggle multiple roles—operations, marketing, finance—which can lead to burnout or strategic errors. The inability to hire specialized talent or access advanced technologies may limit innovation and execution. Over time, this can restrict the business’s ability to compete effectively or scale efficiently. Additionally, the lack of mentorship or strategic insight that often comes with investors can slow progress.

• Difficulty in Managing Cash Flow

Cash flow management becomes a constant challenge in bootstrapping, especially in the early stages. Since there’s no external buffer, even small fluctuations in sales, expenses, or customer payments can create significant strain. Late payments from clients, unexpected costs, or a slow sales month can severely disrupt operations. Founders must be exceptionally vigilant with budgeting and forecasting. This often leads to underinvestment in key areas such as marketing, inventory, or product development. The pressure to maintain positive cash flow can force short-term thinking, potentially sacrificing long-term strategy and innovation for immediate financial survival.

Startup is a young, innovative company designed to solve a problem or meet a market need with a scalable business model. Unlike traditional businesses, startups focus on rapid growth, often leveraging technology and digital platforms. They operate in uncertain environments, relying on agility, experimentation, and funding (e.g., bootstrapping, angel investors, or venture capital). Key characteristics include a lean approach, disruptive ideas, and a strong emphasis on customer feedback (e.g., through MVPs—Minimum Viable Products). Startups face high risks but offer high rewards if successful, with examples like Uber, Airbnb, and Dropbox transforming industries. Success depends on factors like market fit, a strong team, and adaptability. The startup ecosystem thrives on innovation, collaboration, and access to accelerators or incubators.

Features of Startups:

• Innovation and Disruption

Startups thrive on innovation, introducing new products, services, or business models that disrupt existing markets. They challenge the status quo by leveraging technology, creative solutions, and untapped opportunities. Examples include Uber (transportation), Airbnb (hospitality), and Tesla (automotive). Innovation helps startups differentiate themselves, attract investors, and gain a competitive edge. They often pivot based on market feedback, refining their offerings to meet evolving demands. Without continuous innovation, startups risk becoming obsolete in fast-moving industries.

• Scalability & Growth Potential

A defining feature of startups is their scalability—the ability to grow rapidly with minimal incremental costs. Unlike small businesses that may remain local, startups aim for exponential expansion, often using digital platforms (e.g., SaaS, e-commerce). Scalability relies on automation, cloud computing, and network effects (e.g., social media platforms). Investors favor scalable ventures because they promise high returns. However, scaling too quickly without proper infrastructure can lead to failure, making strategic growth essential.

• High Risk & High Reward

Startups operate in high-risk environments due to uncertainty, competition, and financial constraints. Many fail within the first few years, but those that succeed can yield massive rewards (e.g., billion-dollar “unicorns”). Risks include market rejection, cash flow issues, and rapid technological changes. Founders must balance risk-taking with calculated decisions, securing funding (VC, angel investors) to sustain operations. The potential for high returns attracts bold entrepreneurs willing to embrace failure as a learning opportunity.

• Lean Business Model

Most startups adopt a lean approach, minimizing waste while maximizing efficiency. They use methods like the Lean Startup (Eric Ries), focusing on MVPs (Minimum Viable Products) to test ideas before full-scale development. This reduces costs and allows quick pivots based on user feedback. Bootstrapping (self-funding) is common early on, with later-stage funding rounds (Seed, Series A, B, etc.). Lean operations help startups stay agile and adapt to market shifts faster than large corporations.

• Technology-Driven

Technology is the backbone of modern startups, enabling automation, global reach, and cost efficiency. Digital startups leverage AI, blockchain, IoT, and cloud computing to streamline operations and enhance customer experiences. Even non-tech startups rely on digital tools (e.g., CRM, analytics) for marketing, sales, and logistics. Tech-driven startups can scale faster, iterate quickly, and outperform traditional competitors. However, dependence on technology also means cybersecurity and tech obsolescence are critical challenges.

• Customer-Centric Approach

Successful startups prioritize customer needs, using feedback loops (surveys, A/B testing) to refine products. Startups engage directly with early adopters, building loyalty and iterating based on real-world usage. Customer-centricity reduces the risk of market misfit—a major cause of startup failure. Strategies like growth hacking (low-cost, viral marketing) help acquire and retain users efficiently. Startups that ignore customer feedback often struggle to gain traction.

• Flexible & Adaptive Culture

Startups embrace flexibility, allowing rapid pivots when strategies fail. Their flat hierarchies and agile workflows foster creativity and quick decision-making. Unlike rigid corporate structures, startups encourage experimentation, learning from failures, and adapting to trends. This culture attracts talent seeking autonomy and impact. However, maintaining flexibility while scaling requires strong leadership to avoid chaos.

Types of Startups:

• Lifestyle Startups

Lifestyle startups are founded by individuals who want to build a business around their passions and interests while maintaining a desired quality of life. These startups are not primarily focused on massive growth or external funding but aim for sustainability and personal satisfaction. Examples include freelance graphic designers, travel bloggers, fitness instructors, or home-based online boutiques. The founders enjoy flexibility and creative freedom, often targeting niche markets. Though they may remain small in scale, lifestyle startups can be profitable and fulfilling, offering a balance between work and personal life without the pressure of scaling rapidly.

• Small Business Startups

Small business startups are traditional ventures like local shops, restaurants, service providers, or franchisees that serve a local or regional customer base. These businesses are typically self-funded or supported by small loans and focus on steady, sustainable growth rather than exponential expansion. They often employ family members or a small team and operate under familiar models. Unlike scalable startups, their goal is not to disrupt markets but to maintain profitability and stability. Examples include grocery stores, bakeries, local salons, and repair shops. Despite their limited scale, small business startups form the backbone of local economies and generate employment.

• Scalable Startups

Scalable startups are designed to grow rapidly and impact a large market, often on a global scale. These ventures usually focus on technology or innovation and seek funding from angel investors or venture capitalists. Their goal is to disrupt existing industries with new business models, products, or services. Examples include tech companies like Google, Facebook, Flipkart, and Zomato. Founders of scalable startups are ambitious, growth-oriented, and willing to take risks. They invest heavily in product development, marketing, and talent acquisition. While success can lead to massive profits, the journey involves high competition, intense pressure, and frequent pivots.

• Social Startups

Social startups aim to create a positive social or environmental impact while maintaining financial sustainability. These ventures focus on solving societal issues such as poverty, education, healthcare, clean energy, or rural development. They may operate as non-profits, for-profits, or hybrid models and often receive support from NGOs, government schemes, or social investors. Examples include startups working on water purification in rural areas, affordable education platforms, or sustainable packaging solutions. While profit is not the primary goal, many social startups strive to be self-sustaining. They blend innovation with purpose, aiming to drive systemic change in underserved communities.

• Buyable Startups

Buyable startups are created with the intention of being acquired by larger companies. These ventures focus on building innovative products or services that fill gaps in the market or complement existing offerings of established firms. The founders aim for rapid development and growth to attract acquisition interest. Technology startups in fields like AI, fintech, or SaaS are common examples. Once acquired, the original team may continue working under the new brand or exit with financial gains. This model offers quick returns but requires clear vision, execution speed, and alignment with industry needs to attract buyers.

Needs of Start-ups:

• Financial Support

Start-ups require adequate funding to cover initial expenses, including infrastructure, product development, marketing, and operational costs. Entrepreneurs often seek capital through personal savings, loans, angel investors, or venture capital. Access to financial resources ensures smooth operations, timely project execution, and scalability. Efficient financial management helps maintain liquidity, manage risks, and attract further investment. Without sufficient funding, even innovative ideas may fail to reach the market or sustain growth in competitive environments.

• Skilled Human Resources

A start-up’s success heavily depends on skilled and motivated personnel. Entrepreneurs need employees with technical expertise, marketing knowledge, operational skills, and problem-solving abilities. Effective human resource management ensures productivity, innovation, and quality output. Hiring the right talent also fosters collaboration, creativity, and long-term organizational growth. Start-ups must focus on recruitment, training, and retention strategies to build a competent team capable of navigating challenges and driving the business toward success.

• Technological Support

Start-ups need access to advanced technology to develop products, manage operations, and stay competitive. Technology facilitates automation, digital marketing, analytics, and efficient communication. Entrepreneurs must adopt relevant tools, software, and platforms to enhance productivity and customer engagement. Staying updated with technological trends enables start-ups to innovate, reduce costs, and improve operational efficiency. Technology support also ensures scalability, faster decision-making, and responsiveness to market demands, making it essential for sustainable growth.

• Market Access and Customer Base

Start-ups require access to a target market to generate revenue and establish brand recognition. Identifying potential customers, understanding preferences, and reaching them effectively through marketing strategies is crucial. Entrepreneurs must build a strong network, leverage digital platforms, and create value propositions that appeal to customers. Market access ensures product acceptance, feedback collection, and continuous improvement. Without a solid customer base, start-ups struggle to sustain operations, achieve growth, or attract investors.

• Mentorship and Guidance

Entrepreneurs benefit from mentorship to navigate complex business environments. Experienced mentors provide advice on strategy, finance, operations, and market trends. Guidance helps avoid common mistakes, manage risks, and make informed decisions. Mentorship also boosts confidence, networking opportunities, and credibility with investors and stakeholders. For start-ups, access to advisors and industry experts accelerates learning, improves decision-making, and enhances chances of sustainable success in competitive markets.

• Legal and Regulatory Support

Start-ups need guidance to comply with laws, regulations, and industry standards. Legal support ensures proper registration, intellectual property protection, taxation compliance, and contractual safeguards. Regulatory assistance helps entrepreneurs navigate sector-specific requirements and avoid penalties. Understanding legal obligations reduces risks, improves credibility, and attracts investors. Proper legal frameworks also facilitate partnerships, market expansion, and long-term sustainability, making compliance an essential requirement for start-ups.

• Infrastructure and Operational Facilities

Adequate infrastructure is essential for smooth start-up operations. Entrepreneurs require office space, production units, storage facilities, and digital infrastructure to function efficiently. Operational support includes logistics, supply chain management, and IT systems. Access to co-working spaces, incubators, or shared facilities reduces costs and enhances productivity. Proper infrastructure ensures seamless business processes, employee efficiency, and timely delivery of products or services, supporting overall growth and competitiveness.

• Networking and Industry Connections

Start-ups need strong professional networks to access resources, partnerships, and opportunities. Networking facilitates collaborations, investor connections, knowledge sharing, and market insights. Entrepreneurs benefit from industry associations, trade fairs, incubators, and online communities. Building relationships with mentors, suppliers, and customers strengthens credibility and market reach. Effective networking accelerates growth, enhances visibility, and opens doors for strategic alliances. For start-ups, industry connections are crucial to overcoming challenges and achieving sustainable success in dynamic markets.

Start-up Eco System:

A start-up ecosystem refers to the network of interconnected organizations, institutions, and resources that support the growth and development of start-ups. It includes entrepreneurs, investors, mentors, incubators, accelerators, educational institutions, government bodies, and service providers such as legal, marketing, and technology experts. A healthy ecosystem fosters innovation, collaboration, and sustainable growth by providing start-ups with access to funding, mentorship, infrastructure, and market opportunities.

Key components of a start-up ecosystem include:

• Entrepreneurs and Start-ups – The core of the ecosystem, driving innovation and economic growth.

• Investors – Venture capitalists, angel investors, and crowdfunding platforms that provide capital for growth.

• Incubators and Accelerators – Organizations that offer mentorship, workspace, and resources to nurture early-stage start-ups.

• Educational Institutions – Universities and colleges that supply talent, research, and entrepreneurial education.

• Government and Policy Support – Regulations, incentives, and schemes that promote entrepreneurship and ease of doing business.

• Networking and Industry Associations – Platforms for collaboration, partnerships, and knowledge exchange.

A robust start-up ecosystem enables faster product development, market access, risk mitigation, and knowledge sharing. It encourages innovation, creates employment opportunities, and strengthens the overall economy. Countries with strong ecosystems, such as the USA, Israel, and India, have witnessed significant start-up success, illustrating the critical role of supportive networks in entrepreneurial growth.

Ideation of Startups:

1. Identifying a Problem or Gap

The foundation of any startup idea begins with identifying a real-world problem or market gap. Entrepreneurs must observe consumer pain points, inefficiencies, or unmet needs in industries such as healthcare, education, logistics, or finance. The goal is to solve something relevant, urgent, and relatable. A strong problem statement not only validates the need for a solution but also guides the business model. Many successful startups—like Ola solving transportation issues or BYJU’S addressing gaps in online learning—emerged from personal observations or market frustrations. Identifying a pressing problem ensures the idea has real value and long-term relevance.

2. Market Research and Validation

Once an idea is formed, it’s essential to validate it through comprehensive market research. This includes studying customer behavior, existing competitors, industry trends, and potential demand. Entrepreneurs conduct surveys, interviews, and test MVPs (Minimum Viable Products) to understand whether the idea has practical value. Validation helps avoid costly mistakes by ensuring there’s a real, paying customer base for the product or service. It also reveals features customers truly want. This process turns assumptions into insights and helps refine the idea before investing significant resources. A well-researched idea reduces risk and increases the chances of startup success.

3. Innovative Thinking and Differentiation

Startup ideation involves creativity and innovation to stand out in a crowded market. Even if the core idea exists, what makes a startup successful is how differently it solves the problem. This could be through better technology, pricing, customer experience, design, or business model. For example, Dunzo didn’t invent delivery but innovated on hyperlocal logistics. Entrepreneurs must think beyond existing norms, often applying cross-industry ideas or emerging technologies. Innovation ensures the startup is not just a copy, but a valuable alternative or improvement. Differentiation helps attract customers, investors, and media attention in competitive startup ecosystems.

4. Feasibility and Resource Assessment

A good startup idea should be practical and executable within available resources. This includes evaluating technical know-how, team capabilities, time, budget, and market conditions. Even great ideas may fail if they are too complex, too expensive, or ahead of their time. Entrepreneurs must assess whether the solution can be built and scaled efficiently. Feasibility studies also consider legal, logistical, and infrastructural challenges. The aim is to choose an idea that aligns with the founder’s strengths and market readiness. A feasible idea leads to quicker execution, lower costs, and better chances of attracting early-stage support or investment.

5. Passion and Purpose Alignment

Successful startup ideas often come from areas where the founder has deep passion and purpose. Building a startup is a long and challenging journey, and alignment with personal motivation keeps entrepreneurs committed during tough phases. If the idea resonates with one’s interests, expertise, or life mission, it brings energy and clarity to execution. Passion also reflects in communication, branding, and customer engagement, creating stronger connections. Startups like Barefoot College or Goonj emerged from founders’ social passions. Choosing an idea that aligns with purpose not only drives long-term dedication but also builds a more meaningful and impactful business.

Challenges of Startups:

• Funding and Cash Flow Management

Securing adequate funding is a major hurdle for startups. Many rely on bootstrapping, angel investors, or venture capital, but competition is fierce. Poor cash flow management can lead to premature failure, even with a great product. Startups must balance burn rates while seeking revenue streams or additional investments. Delayed funding rounds, high operational costs, and unexpected expenses (e.g., legal fees, taxes) add pressure. Without financial discipline, startups risk insolvency before achieving profitability.

• Market Competition and Differentiation

Startups often enter saturated markets dominated by established players. Standing out requires a unique value proposition (UVP), but differentiation is tough. Competitors with deeper pockets can replicate ideas quickly, forcing startups to innovate constantly. Many fail because they misjudge market demand or fail to communicate their UVP effectively. Niche targeting and agile pivoting help, but competition remains a persistent threat.

• Customer Acquisition and Retention

Acquiring first customers is expensive and time-consuming. Startups struggle with high customer acquisition costs (CAC) and low retention rates. Without a loyal user base, growth stalls. Many rely on digital marketing (SEO, ads, social media), but algorithms change, and ad costs rise. Poor customer service or product-market fit leads to churn. Startups must optimize customer lifetime value (CLV) to sustain growth.

• Talent Recruitment and Retention

Hiring skilled talent is difficult when competing with big firms offering higher salaries and stability. Startups need passionate, versatile employees but often lack resources for competitive compensation. High turnover disrupts operations, and poor cultural fit can derail progress. Equity incentives and a strong mission help, but burnout remains a risk in fast-paced environments.

• Regulatory and Legal Hurdles

Startups face complex regulations, licensing, and compliance issues—especially in fintech, healthtech, or AI. Legal missteps (e.g., data privacy violations, IP disputes) lead to fines or lawsuits. Many lack in-house legal teams, making compliance a costly burden. Navigating international laws for global expansion adds another layer of difficulty.

• Scaling Too Fast or Too Slow

Premature scaling (hiring, marketing, expansion) drains resources before product-market fit is proven. Conversely, delayed scaling lets competitors dominate. Finding the right growth pace is tricky—requiring data-driven decisions, strong unit economics, and adaptable strategies. Many startups fail due to mismanaged scaling.

• Founder Burnout & Team Conflicts

Founders often juggle multiple roles, leading to exhaustion and decision fatigue. Co-founder disputes over equity, vision, or strategy can cripple startups. Poor leadership, unclear roles, and lack of accountability create toxic work environments. Maintaining mental health and strong team dynamics is crucial for survival.

Payment gateway is a technology that facilitates secure online transactions between customers and merchants. It acts as a bridge between the merchant’s website or app and the financial institutions involved in processing payments. When a customer enters payment details (like credit/debit card or UPI), the gateway encrypts and securely transmits the information for authorization. Once approved, the transaction is completed, and funds are transferred to the merchant’s account. Payment gateways ensure fraud prevention, data security, and fast transaction processing. Examples include Razorpay, PayPal, and Stripe. They are crucial for e-commerce, subscription services, and digital platforms.

Types of Payment Gateway:

• Hosted Payment Gateway

A hosted payment gateway redirects users from the merchant’s site to a secure third-party payment page (like PayPal or Razorpay) to complete the transaction. After payment, the customer is redirected back. This type ensures high security and PCI compliance since the transaction occurs outside the merchant’s platform. However, it may affect user experience due to the redirection. It is ideal for small and medium businesses that prioritize security and ease of setup over customization.

• Self-Hosted Payment Gateway

A self-hosted payment gateway allows businesses to collect payment details on their own website and send this data to the gateway’s URL for processing. It gives merchants control over the user experience and branding. However, it requires them to ensure security standards like PCI DSS compliance. This method is commonly used by medium to large-scale e-commerce businesses that have in-house technical expertise to manage and secure customer data.

• API (Non–Hosted) Payment Gateway

An API-based payment gateway integrates directly into a website or app, allowing users to enter payment information without leaving the platform. It provides a seamless and fully customized checkout experience. However, it demands a high level of security management and technical infrastructure. Merchants must comply with security standards and maintain encrypted connections. This type is ideal for businesses that want complete control over the design and flow of the payment process.

• Local Bank Integration Gateway

This gateway connects directly with local banks, allowing users to make payments via net banking. Customers are redirected to their bank’s website to log in and authorize the transaction. It’s secure and preferred in regions with strong banking networks but limited card use. However, it lacks global scalability and may not support cards or wallets. It suits domestic businesses targeting local customers and banking systems.

Advantages of Payment Gateway:

• Secure Transactions

Payment gateways provide strong encryption and fraud protection, ensuring that sensitive customer data such as credit card details and personal information are securely processed. They comply with security standards like PCI-DSS, reducing the risk of data breaches. With multi-layered authentication and tokenization, both customers and merchants benefit from secure online transactions. This builds trust, enhances the reputation of the business, and encourages more users to make digital payments confidently, knowing their information is protected from unauthorized access and cyber threats.

• Faster Payment Processing

Payment gateways speed up transaction processes by instantly validating and authorizing payments. This enables real-time confirmation for both merchants and customers, improving the overall shopping experience. The quick settlement of funds boosts cash flow for businesses and reduces the delay between purchase and payment. Automation of payment verification also decreases manual intervention, minimizing errors and saving operational time. Such speed and efficiency are essential for businesses dealing in e-commerce, subscriptions, or high-volume sales, where time and accuracy are critical to customer satisfaction and business growth.

• Global Reach

With payment gateways, businesses can accept payments from customers across the globe using various currencies and payment methods. They support international credit/debit cards, wallets, and alternative payment methods, allowing digital entrepreneurs to expand their market reach beyond local boundaries. By providing a localized payment experience through multi-language and multi-currency support, gateways improve conversion rates. This feature is particularly beneficial for startups and e-commerce platforms looking to scale their operations globally, tap into new markets, and enhance the accessibility of their digital products or services.

• Improved Customer Experience

A seamless, user-friendly checkout experience is crucial for customer satisfaction. Payment gateways integrate directly into websites and mobile apps, enabling quick and hassle-free transactions. Features like one-click payments, saved payment information, and mobile wallet compatibility streamline the buying process. Additionally, the ability to offer various payment options empowers customers to choose their preferred method. This reduces cart abandonment and increases the likelihood of repeat purchases. By enhancing convenience and efficiency, payment gateways contribute significantly to building customer loyalty and improving overall digital business performance.

Disadvantages of Payment Gateway:

• Transaction Fees

Payment gateways often charge transaction or processing fees for each payment, which can add up significantly—especially for small or medium businesses. These fees may include a fixed charge plus a percentage of each transaction. Over time, this reduces profit margins and can impact pricing strategies. Additionally, international payments may incur higher fees due to currency conversion and cross-border charges. Businesses with high transaction volumes or low-margin products may find payment gateway fees a financial burden without proper cost planning.

• Technical Integration Issues

Integrating a payment gateway into a website or mobile application requires technical knowledge and expertise. Poor integration can lead to payment failures, delays, or a frustrating customer experience. Frequent updates, API changes, and compatibility with different platforms can cause issues that require constant monitoring. Small businesses without dedicated IT support may struggle to implement or maintain the system. Any errors in integration could lead to abandoned carts or loss of sales, impacting customer trust and brand credibility.

• Security and Fraud Risks

While payment gateways come with security protocols, they are still vulnerable to cyber threats, including phishing, hacking, or fraudulent transactions. Businesses handling sensitive payment information may become targets for cybercriminals. A data breach can result in financial loss, legal penalties, and loss of customer trust. Companies must invest in strong encryption, tokenization, and PCI DSS compliance, which may increase operational costs. Managing fraud prevention tools and keeping up with evolving threats requires constant vigilance and updates.

• Dependence on Internet Connectivity

Payment gateways require a stable internet connection to function effectively. In areas with poor connectivity or during server outages, transactions may fail or be delayed, resulting in poor customer experience and loss of revenue. This reliance makes online businesses vulnerable during downtimes, and recovery may be slow without proper technical support. Offline alternatives are limited, so businesses must ensure they have backup systems or alternative modes of payment to avoid complete service disruption.

Remarketing is the process of bringing previous visitors back to your website to finish the conversion process otherwise known in B2B as filling out a form. Research shows remarketing converts up to 50% traffic, while search campaigns convert roughly 2%.

The perks of remarketing include:

• Sustaining brand awareness (while they are looking at your competitors), in effect, generating leads
• Nurturing leads by keeping potential customers engaged
• Recapturing lost leads

Steps:

Create remarketing lists for every stage of your sales funnel

The first thing you need to do for your B2B remarketing strategy is to map out your sales funnels. Hopefully, you’ve already done this and created PPC campaigns for each stage of your sales funnel to address user needs as they change along the consumer journey.

Create separate remarketing landing pages

Now that you know what kind of campaigns you’re going to be creating, it’s time to think about landing pages and you’re not going to send users to the same page they visited first time around.

Create remarketing lists for your email subscribers

You might like to think a user counts as a lead once they sign up to your newsletter or download some of your content but how many of these “leads” are turning into paying customers?

To maximise your email marketing efforts, you’ll also want to create remarketing lists for your email subscribers. Here are a few examples of the sort of lists you might create:

• Users who visited your webinar signup page but didn’t sign up
• Webinar signups who didn’t attend
• Webinar signups who attended but didn’t convert
• Webinar attendees who converted but haven’t made a second purchase

These are just four examples of remarketing campaigns you can create to boost the performance of a webinar strategy, for each stage of the lead generation process. You’re going to want to think like this for all of your lead generation strategies.

Reach new audiences with Customer Match & Lookalike Audiences

Google and Facebook’s advertising platforms both offer similar features that allow you to take your email marketing lists and use them to target new users who display similar online interests and behaviours.

Take a look at Customer Match on Google Ads and Lookalike Audiences on Facebook Ads both of which can turn your email lists into entirely new PPC leads.

Maximise email signups with multi-step forms

As you can see by this stage, a strong B2B remarketing strategy is heavily integrated with your email marketing efforts and this means you need to maximise email signups to get the best results.

Move B2B leads along your sales funnels (using remarketing lists)

We’ve already looked at using remarketing lists to target users at various stages of the consumer journey but now it’s time to look at the real magic of remarketing lists: guiding users along every stage of your sales funnel and truning them into paying customers.

Post-purchase remarketing

Forrester research tells us it costs 5x more to acquire a new customer than it does to turn an existing one into a repeat buyer. You’ve already invested time and money into getting your existing customers on board, too, so it only makes sense to maximise your ROI from your existing customer base.

It doesn’t matter what line of business you’re in, there are plenty of opportunities to turn first-time buyers into loyal customers:

• Cross-selling: Related products relevant to a customer’s first purchase.
• Upselling: Upgrading from the free version to a paid version of your software platform.
• Renewing: Contractual or subscription-based products/services when the initial contract period is up.
• Rebuying: Purchasing the same product or service again at the end of its lifecycle – eg: a new phone or website redesign.
• Reinviting: Reaching out to previous customers who have left or stopped buying from you.
• Loyalty campaigns: Reaching out to customers with rewards to build stronger relationships.

Content remarketing

This is one of the most overlooked remarketing lead gen strategies around, which is a crime considering how capable it is for B2B brands.

All that time and money you’re investing in creating blog content is falling short of its full potential unless you’re targeting your readers with remarketing campaigns encouraging them to sign up to your lead gen content (webinars, eBooks, digital downloads, etc.)

Limited offer remarketing campaigns

When your PPC traffic doesn’t convert at the first opportunity, it normally means one of two things: you’re simply not offering what they want or there’s something relatively small preventing them from making the commitment.

Keep your remarketing campaigns GDPR-compliant

It wouldn’t be right to talk about remarketing for B2B lead generation in 2019 without mentioning GDPR. You don’t need to let the European regulations get in the way of your remarketing efforts but it is important to understand your obligations.

The patent holder enjoys various rights including the right to assign licenses to other persons and authorise them to manufacture and sell the patented item. However, these are not absolute rights and are subject to various constraints and limitations.

Exclusive rights according to Article 28 of the TRIPS agreement

Article 28 of the TRIPS agreement provides the following rights:

A patent shall confer on its owner the following exclusive rights:

• Where the subject matter of a patent is a product, to prevent third parties not having the owner’s consent from the acts of making, using, offering for sale, selling, or importing for these purposes that product;
• where the subject matter of a patent is a process, to prevent third parties not having the owner’s consent from the act of using the process, and from the acts of using, offering for sale, selling, or importing for these purposes at least the product obtained directly by that process.

Patent owners shall also have the right to assign, or transfer by succession, the patent and to conclude licensing contracts.

• Right to exploit the patent

In India, the patent holder is provided with the right to manufacture, use, sell and distribute the patented product. In case the invention is a process of production, the owner of the patent has the right to direct the procedure to the other person who has been authorised by the patentee. This right can be enforced by the agent of the patent holder.

• Right to assign and license

The patent holder is granted with the rights of assigning or granting licenses for manufacture and distribution of the patented products to others. In case there are co-owners of the patented product, the permission to grant license to the other person shall be sought from the co-owners. The license would be considered to be granted when the request has been duly authorised by the controller.

• Right to surrender the patent

The owner of the patent has the right to surrender his patent after seeking permission from the controller. The controller then advertises about this surrender as per the procedure laid down in the Indian Patents Act. The parties interested in getting the ownership of the patent can then approach the controller. The controller examines the party’s claims and. Surrenders the ownership respectively.

• Right before sealing

Section 24 of the Indian Patents Act implies that a patent is sealed from the date of notification for acceptance to the date of acceptance of the notification. The right of the patentee begins after the notification for acceptance has been presented.

• Right to apply for the patent of addition

This provision is provided in Section 54 to 56 of the Indian Patents Act. This provision provides for the modifications in the existing invention. In such a case, the patent holder is granted the right to the modified invention after the notification of the acceptance comes out. Once the notification is presented, the owner is provided with the same rights as provided to the previous patent.

• Right in case of infringement

When any of the rights of the patent holder is violated, then it is termed as patent infringement. This is to mean that if the patented invention is used, manufactured or sold for commercial purposes by any person, then it will be accused of patent infringement. In case of violation of patentee’s rights, the patentee can approach either the district court or a high court. If the person is proven guilty of infringement, the courts will either grant permanent injunction or damages or both.

The importance of intellectual property in today’s world is unfathomable. People today are more vigilant about their intellectual property than they were a decade ago. The protection of intellectual property is integral in order to encourage innovation and creativity in inventions and also to give an incentive to the inventors and creators. In order to avoid any discrepancies, various global organizations have ever since formulated numerous treaties for the systematic working and smooth facilitation for the registration and commercial exploitation of one’s intellectual property rights. We now have half a dozen laws to protect and provide for transfer and distribution of copyrights, trademarks, patents and industrial designs among other intellectual property. In this article, we’re specifically going to focus on how the ownership of a patent can be completely transferred, its legal requirements and the legal procedure. We’re going to look at how a patent can be transferred, different methods of transfer, requirements of a transfer, and how to defend or file claims over a patent in different jurisdictions.

As objects of intellectual property or intangible assets, patents and patent applications may be transferred. A transfer of patent or patent application can be the result of a financial transaction, such as an assignment, a merger, a takeover or a demerger, or the result of an operation of law, such as in an inheritance process, or in a bankruptcy.

United States

In the United States, assignment of a patent is governed by statute. Assignment of an interest occurs only by an “instrument in writing”. The statute also permits recording an assignment with the United States Patent and Trademark Office, but recording is not required except to protect against “any subsequent purchaser or mortgagee for a valuable consideration, without notice….”

Security agreement

A security agreement is a conditional transfer of patent ownership when patents are used as collateral for a loan. The borrower will agree to transfer ownership of the patents to the lender if the borrow defaults on the loan. Security agreements on patents in the US are registered with the United States Patent and Trademark Office.

Requirements of Transfer

Before you’re all set to hand over your patent/invention to the designated person, you need to consider certain aspects which are important in the transfer.

• Transfer to be documented

When you transfer a patent, you need to make sure that the same is done in a written and duly executed document, regarding the rights that you are handing over to the assignee/licensee so that in case complications arise in future, with the legal backing support in your contentions that creates a clear chain of transfer of rights to prove ownership over a property.

• Establish your ownership

Before you make the transfer, it is pertinent to determine whether you actually own the IP you are transferring as without ownership no rights can be transferred. For example, if you invented the patent under the employment of a company or a person, you are said to be under the contract of service and therefore whatever you invent, is legally the property of the company or the person you’re employed under. However, if you invented the patent before getting employed under another authority, you are said to be under the contract for service and you are the original owner of your invention.

• Careful filing and notarization of documents

Make sure to include complete bibliographic information about the patent like patent number, title, priority application detail etc. Correctly spell the names like legal name if the assignee is a business or a company, if there are multiple owners of the patent, name all the owners. Also, make sure all official documents are notarized. This provides credibility to your documents. If you can’t get it notarized, get it attested by at least two witnesses.

• File a Proprietary Information Agreement

Make sure to ask the employees to sign a proprietary information agreement. This automatically assigns inventions and designs to the business. Other options include signing an automatic assignment or an explicit assignment. This will provide further clarity in identifying ownership.

Types of Transfer

A patent can either be transferred permanently via assignment or partly or temporarily via license. However, it can also be transferred by operation of law.

Assignment

You should assign your patent only if you want to part with your patent/invention and the rights related to it permanently. Here Patent Attorney in India would like to inform you that once you assign your patent to the assignee, you will not be able to get the same back. These are usually made under contractor agreements or under employment. For example, when a company acquires another company, it also acquires the intellectual property of the latter for life. Assignment is also preferred by movie studios in cases wherein they need capital to make the movie. They henceforth assign rights of the movie to an investor in return for financial capital for the movie.

An assignment can be done by way of legal assignment, wherein the assignee enters his name as the patent owner after which he becomes the proprietor of the patent and is henceforth entitled to all the rights concerning the patent. An assignment can also be done by way of equitable assignments, where the patentee agrees to share the ownership of the patent with another person via an agreement. In such a scenario, he therefore cannot register his name as the proprietor, but the assignee may have notice of his interest in the patent entered in the register. Moreover, a patent can be transferred by means of mortgages, wherein the patent owner assigns his entire/ part of his rights to the assignor in return for a financial consideration. Once the owner repays the same consideration back to the assignee, the rights are restored to the owner.

License

License refers as temporary transfer of your intellectual property rights and allows you to maintain a certain chain of command over the transferred intellectual property. When licensing, you can decide the duration of the exploitation, the jurisdiction as to where the IP can be exploited as well as whether the licensee can further sub-license the patent/invention. License upholds the principle of reversion of property, that is, your rights return to you after a certain condition like disputes. A license ends when:

i) The time period of license is over

ii) The licensee fails to fulfill the conditions like it’s commercialization

iii) Licensee breaches any terms of the license agreement

A patent can be Transferred by means of:

i) voluntary licenses where the terms of the agreement are mutually agreed to by the licensor and the licensee. By way of a voluntary license, the patent owner gives the rights to make, use or sell the patented article

ii) Statutory license is basically granted by the government to a third party to make use of the patented product in view of public interest.

An example of statutory licenses is compulsory licenses which are also granted by the government without the permission of the patent holder. This is granted if the government feels that the patented article is not available to the general public at an affordable price or if the article is unable to fulfill the requirements of the public.

iii) Exclusive Licenses and Limited Licenses where an exclusive license excludes all other parties from the right to use the invention. The rights may be divided and assigned, restrained entirely or in part. In a limited license, the limitation may arise as to persons, time, place, manufacture, use or sale.

iv) Express and Implied Licenses: An express license is one in which the permission to use the patent is given in express terms. Such a license is not valid unless it is in writing in a document embodying the terms and conditions. In case of implied license though the permission is not given in express terms, it is implied from the circumstances.

By Operation of Law

This mostly happens on the death of the patent holder/owner. When the owner of an IP dies, his rights pass on to his/her legal heir. The provisions of law also come into play in case of winding up or dissolution of a company.

A fund is a pool of money set aside for a specific purpose, often managed by individuals, institutions, or governments. Funds are used to finance projects, investments, or operations, such as retirement funds, mutual funds, or emergency funds. In business, funds can be internally generated from profits or externally raised through investors. Funds are typically tracked and managed carefully to ensure they serve their intended purpose. Whether for personal savings, charitable causes, or business ventures, a fund provides structured financial resources to support ongoing or future needs, helping ensure stability, planning, and financial control.

Funding

Funding refers to the act of providing financial resources to support a business, project, or cause. It can come from various sources such as personal savings, loans, investors, crowdfunding, or government grants. In startups and entrepreneurship, funding is crucial for product development, marketing, hiring, and scaling operations. There are different stages of funding like seed, venture capital, and series funding. The type and amount of funding depend on business needs and growth objectives. Effective funding ensures a project’s financial health, enabling innovation and expansion while often involving ownership or repayment agreements with fund providers.

Reasons of Funding:

• Startup Capital

Funding launches a business by covering initial costs like product development, licenses, and early hires. Without capital, ideas remain unrealized. Investors (angels, VCs) provide this runway in exchange for equity or future returns.

• Scaling Operations

Expanding to new markets, hiring talent, or boosting production requires significant capital. Funding fuels growth beyond bootstrapping limits, helping businesses capture market share before competitors.

• Research & Development (R&D)

Innovation demands investment in tech, prototypes, and testing. Funding accelerates R&D cycles, enabling breakthroughs (e.g., AI tools, pharmaceuticals) that secure a competitive edge.

• Marketing and Customer Acquisition

Brand awareness and lead generation require budgets for ads, SEO, and sales teams. Funding ensures campaigns reach critical mass to drive sustainable revenue.

• Survival in Crisis

Economic downturns, cash flow gaps, or unexpected setbacks (e.g., pandemic disruptions) threaten survival. Emergency funding (loans, grants) stabilizes operations.

• Debt Refinancing

Businesses secure funding to repay high-interest loans, reducing financial strain and improving credit health for future growth.

• Strategic Acquisitions

Funding enables purchasing competitors, patents, or complementary businesses to consolidate market power and diversify offerings.

Types of Funding:

• Bootstrapping (Self-Funding)

Bootstrapping means funding a business using personal savings or revenue generated by the company. It’s common in the early stages when external investors are not yet involved. Entrepreneurs retain full ownership and control, avoiding debt or equity dilution. Though it limits initial capital, bootstrapping encourages careful spending and lean operations. It’s ideal for startups with low overhead and scalable models. However, the risk is high as the founder bears all financial burdens. Success depends on disciplined budgeting and reinvesting profits to grow steadily without relying on outside help.

• Crowdfunding

Crowdfunding involves raising small amounts of money from a large number of people, typically via online platforms like Kickstarter or Indiegogo. Entrepreneurs present their idea to the public, who fund it in exchange for rewards, early access, or equity. This method validates market demand while generating capital. It suits creative products or innovative startups looking to build a community. However, success depends on marketing appeal and transparency. Failure to meet targets or fulfill promises may damage reputation. Crowdfunding also requires detailed planning, engaging presentations, and often, a pre-existing audience to attract contributions.

• Angel Investment

Angel investors are wealthy individuals who provide capital to early-stage startups in exchange for equity or convertible debt. They often bring mentorship, industry experience, and networking opportunities. Angel funding typically bridges the gap between self-funding and venture capital, offering both financial support and strategic guidance. It’s beneficial for startups with growth potential but limited access to institutional funding. However, it involves giving up a portion of ownership and may lead to differences in vision. Angel investors are more risk-tolerant than banks and usually invest in ideas they believe in personally or professionally.

• Venture Capital

Venture Capital (VC) funding is provided by investment firms to high-potential startups in exchange for equity. VCs usually invest during the growth stage, expecting significant returns as the business scales. They offer large capital, mentorship, and market connections. However, startups must demonstrate scalability and a strong business model. VC funding comes in multiple rounds (Series A, B, C, etc.), and founders often give up substantial control. The goal of VC firms is eventual exit through IPO or acquisition. While risky, it is one of the most aggressive and fast-paced funding methods.

• Bank Loans

Bank loans are a traditional funding method where businesses borrow money from financial institutions and repay it with interest over time. It’s a non-dilutive source, meaning owners retain full equity. Banks evaluate credit history, collateral, and business plans before approval. Bank loans are suitable for stable businesses with predictable cash flow and assets to secure the loan. However, they come with rigid repayment schedules and interest obligations. Startups may find it difficult to qualify without strong financial records. Nonetheless, loans offer a structured and regulated financing option for businesses seeking long-term capital.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is an international legal agreement between all the member nations of the World Trade Organization (WTO). It sets down minimum standards for the regulation by national governments of many forms of intellectual property (IP) as applied to nationals of other WTO member nations. TRIPS was negotiated at the end of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) between 1989 and 1990 and is administered by the WTO.

The TRIPS agreement introduced intellectual property law into the multilateral trading system for the first time and remains the most comprehensive multilateral agreement on intellectual property to date. In 2001, developing countries, concerned that developed countries were insisting on an overly narrow reading of TRIPS, initiated a round of talks that resulted in the Doha Declaration. The Doha declaration is a WTO statement that clarifies the scope of TRIPS, stating for example that TRIPS can and should be interpreted in light of the goal “to promote access to medicines for all.”

Specifically, TRIPS requires WTO members to provide copyright rights, covering authors and other copyright holders, as well as holders of related rights, namely performers, sound recording producers and broadcasting organisations; geographical indications; industrial designs; integrated circuit layout-designs; patents; new plant varieties; trademarks; trade names and undisclosed or confidential information. TRIPS also specifies enforcement procedures, remedies, and dispute resolution procedures. Protection and enforcement of all intellectual property rights shall meet the objectives to contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.

Requirements

TRIPS requires member states to provide strong protection for intellectual property rights. For example, under TRIPS:

• Copyright terms must extend at least 50 years, unless based on the life of the author. (Art. 12 and 14)
• Copyright must be granted automatically, and not based upon any “formality”, such as registrations, as specified in the Berne Convention. (Art. 9)
• Computer programs must be regarded as “literary works” under copyright law and receive the same terms of protection.
• National exceptions to copyright (such as “fair use” in the United States) are constrained by the Berne three-step test
• Patents must be granted for “inventions” in all “fields of technology” provided they meet all other patentability requirements (although exceptions for certain public interests are allowed (Art. 27.2 and 27.3) and must be enforceable for at least 20 years (Art 33).
• Exceptions to exclusive rights must be limited, provided that a normal exploitation of the work (Art. 13) and normal exploitation of the patent (Art 30) is not in conflict.
• No unreasonable prejudice to the legitimate interests of the right holders of computer programs and patents is allowed.
• Legitimate interests of third parties have to be taken into account by patent rights (Art 30).
• In each state, intellectual property laws may not offer any benefits to local citizens which are not available to citizens of other TRIPS signatories under the principle of national treatment (with certain limited exceptions, Art. 3 and 5). TRIPS also has a most favored nation clause.
• The TRIPS Agreement incorporates by reference the provisions on copyright from the Berne Convention for the Protection of Literary and Artistic Works (Art 9), with the exception of moral rights. It also incorporated by reference the substantive provisions of the Paris Convention for the Protection of Industrial Property (Art 2.1). The TRIPS Agreement specifically mentions that software and databases are protected by copyright, subject to originality requirement (Art 10).

Article 10 of the Agreement stipulates: “1. Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). 2. Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.”

Post-TRIPS expansion

In addition to the baseline intellectual property standards created by the TRIPS agreement, many nations have engaged in bilateral agreements to adopt a higher standard of protection. These collection of standards, known as TRIPS+ or TRIPS-Plus, can take many forms. General objectives of these agreements include:

• The creation of anti-circumvention laws to protect Digital Rights Management systems. This was achieved through the 1996 World Intellectual Property Organization Copyright Treaty (WIPO Treaty) and the WIPO Performances and Phonograms Treaty.
• More stringent restrictions on compulsory licenses for patents.
• More aggressive patent enforcement. This effort has been observed more broadly in proposals for WIPO and European Union rules on intellectual property enforcement. The 2001 EU Copyright Directive was to implement the 1996 WIPO Copyright Treaty.
• The campaign for the creation of a WIPO Broadcasting Treaty that would give broadcasters (and possibly webcasters) exclusive rights over the copies of works they have distributed.

The Patents Act provides certain safeguards for restoring a lapsed patent. Accordingly a patent that is ceased to have effect because of failure to pay the prescribed fees within the prescribed period under Section 53 of the Act or within such period, allowed under Section 142 of the Act.

The patentee of his legal representative, may, make an application in the prescribed manner for the restoration of the lapsed patent. In the case where the patent was held by two or more persons jointly then with the leave of the Controller one or more of them without joining others may submit the application for restoration within eighteen months from the date on which the patent is ceased to have effect. Though the renewal fees can be paid by any person, the application for the restoration of a lapsed patent, the application has to be made by the patentee or his legal representative.

If the patentee fails to pay the renewal fee within the prescribed period and also within the extendable period of six months by requesting extension of time, the patent ceases to have effect or lapses from the date of expiration. Patent lapsed, due to non-payment of renewal/maintenance fee can be restored within eighteen months from the date of lapse.

Within one year of an application for restoration of patent that lapsed should be made. If an overdue annuity is not paid within the extension period, the one year period for seeking restoration commences from the date of recordal.

Section 60 Indian Patent Act:

(1) Where a patent has ceased to have effect by reason of failure to pay any renewal fee within the prescribed period or within that period as extended under sub-section (3) of section 53, the patentee or his legal representative, and where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them without joining the others, may, within eighteen months from the date on which the patent ceased to have effect, make an application for the restoration of the patent.

(2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary

The Essential Requirements to Restore a Patent:

1. Under Section 60 of the Patents Act 1970, an application for restoration of lapsed patent should be made by patentee or his legal representative.
2. Prescribed fee on Form 15
3. Proof to support that failure of the renewal/ maintenance was unintentional.

Although there is no additional fee for Patent of addition, but the patent holder or the patentee has to submit each form individually for each additional patent with that of the parent restoration application.

Effect of non-payment of renewal fees

To keep the patent in force for its prescribed term, an annual renewal fee is paid to the patent Office. If the same is not paid in the stipulated period then it lapses (ceased to have effect) and becomes a public property. The Act provides certain Safeguards for restoring a lapsed patent.

Accordingly, a patent which is to have effect by reason of Failure to pay the prescribed renewal fees within the prescribed period under Section 53 of the Act, the patentee or his legal representative may make an application in the prescribed manner, for the restoration of the lapsed patent. In case where the patent was held by two or more persons jointly, then, with the leave of the Controller, one or more of them, without joining others, may submit the application for restoration within eighteen months from the date on which the patent ceased to have effect ( Section 60(1)).

Procedure for Disposal of Application for Restoration

a) When the Controller is prima facie satisfied that the failure to pay renewal fee was unintentional and there had been no undue delay, the application for restoration will be published in the official journal.

b) If the Controller is satisfied that a prima facie case for restoration has not been made, the Controller may issue a notice to the applicant to that effect. Within one month from the date of notice, if the applicant makes a request to be heard on the matter, a hearing shall be given and the restoration application may be disposed. If no request for hearing is received within one month from the date of notice by the Controller, the application for restoration is refused. In case of rejection of the application for restoration, a speaking order shall be issued.

c) Any person interested may give Notice of Opposition, in the prescribed manner, to the application within two months of the date of Publication in the official journal on the grounds that the failure to pay the renewal fee was not unintentional or that there has been undue delay in the making of the application.

d) The Notice of Opposition shall include a statement setting out the nature of the opponent’s interest, the grounds of opposition, and the facts relied upon. The notice of opposition shall be sent to the applicant expeditiously by the Controller.

e) The procedure specified in rules 57 to 63 for post grant opposition for filing of written statement, reply statement; reply evidence, hearing and cost shall apply in this case.

f) When no opposition is received within a period of two months from the date of publication of the application for restoration, or opposition, if any, is disposed of in favour of the Patentee, the Controller shall issue an order allowing the application for restoration. The unpaid renewal fee and the additional fee, as mentioned in the first schedule, shall be paid within one month from the date of order of the Controller.

g) The fact that a patent has been restored shall be published in the official journal.

h) To protect the persons who have begun to use the applicant’s invention between the date when the Patent ceased to have effect and the date of Publication of the Application for restoration, every order for restoration includes the provisions and other conditions, as the Controller may impose, for protection and compensation of the above-mentioned persons. No suit or other proceeding shall be commenced or prosecuted in respect of an infringement of a Patent committed between the date on which the Patent ceased to have effect and the date of the Publication of the Application for restoration of the patent.

Opposition to the Restoration af a Lapsed Patent

• If after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the controller is prima facie satisfied that the failure to pay the renewal fee was unintentional and that there has been no undue delay in the making of the application he shall publish the application in the prescribed manner and within the prescribed period any person interested may give notice for opposition for the restoration of the patent on either or both of the following grounds:-

a) That the failure to pay the renewal was not unintentional; or

b) That there has been undue delay in the making of the application for restoration (Section 61(1)).

• No other Grounds are prescribed for filing such notice o opposition for the restoration of a lapsed patent. Only person interested can file the notice of opposition for the restoration of the lapsed patent.
• The time period for filing the notice of opposition is two months from the date of publication and the same is filed on Form 14 with its prescribed fee. Indian Patent Act and the rules do not provide any extension beyond the period of two months for filing the opposition. However, a petition under Rule 138 of Patent Rules can be filled seeking extension of time beyond the two months period with its prescribed fees. It should be noted that the petition for extension to be filed within the period of two months only. Since the grant of the extension under rule 138 is the discretionary power of the Controller, the grant of extension cannot be taken for granted.

Rights of Patentee of Lapsed Patent which have been Restored SECTION 62

• On the restoration of a patent, the rights of the patentee shall be subject to such provision as may be prescribed by the Controller in his order and to such other provisions as he thinks fit to impose for the protection of compensation of persons who might have began to avail them of. Or the patented invention between the date when the patent ceased to have effect and the date of publication of the application for the restoration of patent Section 62(1),
• On the lapsing of the patent due to Nonpayment of the renewal fees, the patentee loses his right in the patent and the invention becomes public property. The provision contained in section 62 of The Act is to safeguard the interests of those persons who after ascertain from the Register of Patents that the patent has lapsed due to Nonpayment of the renewal fees and become public property had started commercially using the invention

Surrender of patents

(1) A patentee may, at any time by giving notice in the prescribed manner to the Controller, offer to surrender his patent.

(2) Where such an offer is made, the Controller shall advertise the offer in the prescribed manner, and also notify every person other than the patentee whose name appears in the register as having an interest in the patent.

(3) Any person interested may, within the prescribed period after such advertisement, give notice to the Controller of opposition to the surrender, and where any such notice is given the Controller shall notify the patentee.

(4) If the Controller is satisfied after hearing the patentee and any opponent, if desirous of being heard, that the patent may properly be surrendered, he may accept the offer and, by order, revoke the patent.

Invention under the Patent Act

The Act under Section 2(1)(j) defines “invention” as a new product or process involving an inventive step capable of industrial application.

The term “industrial application” refers to capable of industrial application in relation to an invention means that the invention is capable of being made or used in an industry. One of the pre-requisite of invention is that it should be new i.e. the invention proposed to be patented has not been in the public domain or that it does not form part of the state of the art.

Under the Patent Act, both processes and products are entitled to qualify as inventions if they are new, involve an inventive step and are capable of industrial application.

Requirements to Qualify as Invention

1. The Invention must be new;
2. Invention must involve an inventive step;

• The invention must be capable of industrial application or utility;

1. The invention shouldn’t come under the inventions which are not patentable under Section 3 and 4 of the Patent Act, 1970;

Non-patentable inventions are enumerated under Section 3 and 4 of the Patent Act. Such inventions are delineated below:

• Any Invention which is frivolous or which claims anything obviously contrary to well established natural laws is not patentable.
• Inventions which are contrary to public order or morality is not patentable.
• An idea or discovery cannot be a subject matter of a patent application.
• Inventions pertaining to known substances and known processes are not patentable i.e. mere discovery of a new form of a known substance which does not enhance the known efficacy of that substance is not patentable.
• An invention obtained through a mere admixture or arrangement is not patentable.
• A method of agriculture or horticulture cannot be subject matter of patent.
• A process involving medical treatment of human and animals or to increase their economic value cannot be subject matter of a patent.
• Plants and animals in whole or in part are not patentable.
• A mathematical or business method or a computer program per se or algorithms is excluded from patent protection.
• Matters that are subject matter of copyright protection like literary, dramatic, musical or artistic work is not patentable.
• Any scheme or rule.
• Presentation of information
• Topography of integrated circuits.
• Traditional knowledge.
• Inventions relating to atomic energy
• As defined in Section 2 (j)the term “invention means a new product or process involving an inventive step and capable of application”. The invention should be of absolute novelty as neither it has been used nor published in any part of the world.

Section 3 And 4 Of The Indian Patent Act

Section 3 and Section 4 of the Patent Act is highly debatable and deals with the list of exclusions that are non-patentable that do not satisfy the above conditions. Following are not the “inventions” under the meaning of this act:

(a) Inventions that are frivolous and contrary to natural laws.

Inventions which are frivolous or contrary to well established natural laws.

Example– Inventions that are against the natural laws that are any machine giving 100% efficiency, or any machine giving output without an input cannot be considered as obvious and cannot be patented.

b) Inventions which go against public morality

Inventions in which the primary or intended use or commercial exploitation of which could be contrary to public order or morality (that is against the accepted norms of the society and is punishable as a crime) or which causes serious prejudice to human, animal or plant life or health or to the environment.

Example–As in Biotechnology, termination of the germination of a seed by inserting a gene sequence that could lead to the disappearance of butterflies, any invention leading to theft or burglary, counterfeiting of currency notes, or bioterrorism.

(c) Inventions that are a mere discovery of something that already exists in nature.

The mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living or non-living substances occurring in nature.

Explanation–Mere discovery of something that is already existing freely in nature is a discovery and not an invention and hence cannot be patented unless it is used in the process of manufacturing an article or substance. For instance, the mere discovery of a micro-organism is not patentable.

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Landmark Cases of Non-patentable Inventions

In Bilski V. Kappos,

This case deals with the Patentability of a business method. In this case, Bilski and Warsaw applied for the patent on hedging risks on commodities trading but their patent got rejected by the US Supreme Court on grounds that an abstract idea cannot be patented.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

(d) The mere discovery of a form already existing in nature does not lead to enhancement of efficacy.

The mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance or the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant.

Explanation: For the purposes of this clause, salts, esters, ethers, polymorphs, metabolites, pure form, particle size, isomers, mixtures of isomers, complexes, combinations and other derivatives of known substance shall be considered to be the same substance, unless they are significantly different in terms of efficacy.

The mere discovery of any new property or use of a known substance is not patented unless it is of greater efficiency than the original substance hence, the mere incremental innovation does not fall under the gamut of patenting.

Case laws

In Glochem Industries Ltd vs Cadila Healthcare Ltd14,[2]

The Bombay High Court held that “Section 3 (d) consists of all fields including the field of pharmacology. Further, in this case, the court held that “the test to decide whether the discovery is an invention or not? It is on the patent applicant to show that the discovery has resulted in enhancement of known therapeutic efficacy of the original substance and if the discovery is nothing other than the derivative of a known substance, then, it must be shown that the properties in derivatives are significantly different in terms of efficacy. So under this sub-section, the very discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance will not be treated as an invention.

In Ten Xc Wireless Inc & Anr vs Mobi Antenna Technologies,

The Delhi High Court held that “a method of replacing conventional antennae with split-sector antennae; a split-sector asymmetric antenna for replacing conventional antennae – are all mere uses for the asymmetric antenna already known. Under Section 3(d) the subject matter claimed is therefore not an invention.

In Novartis Ag v. Union of India15,

The Supreme Court of India said that “mere discovery of an existing substance would not amount to the invention”. The Supreme Court of India further, in this case, held that for pharmaceutical patents apart from tests of novelty, inventive step and application, there is a new test of enhanced therapeutic efficacy for claims that cover incremental changes to existing drugs which also Novartis’s drug did not qualify”.

(e) Mere admixing of mixtures leading in the aggregation of properties are non- patentable.

A substance obtained by a mere admixing of two or more mixtures resulting only in the aggregation of the properties of the components thereof or a process for producing such substance is not considered the invention.

Explanation- mere addition of mixtures is non-patentable unless this satisfies the requirement of synergistic effect i.e., interaction of two or more substances or agents to produce a combined effect greater than the separate effect.

(f) Mere aggregation or duplication of devices working in a known way is not an invention.

The mere aggregation or re-arrangement or duplication of known devices each functioning independently of one another in a known way.

Explanation- mere improvement on something or combinations of different matters known before cannot be patentable unless this produces a new result or article.

(h) Horticulture or agricultural method is non-patentable.

A method related to agriculture or horticulture.

Explanation- a method of producing plants like cultivation of algae and mushrooms or improving the soil is not an invention and cannot be patentable.

(i) Medicinal, curative, prophylactic, diagnostic, therapeutic for treating diseases in human and animals are non-patentable.

Any process for the medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products.

Explanation: those medicinal methods administering medicines orally or injecting it, surgical methods like stitch free surgeries, curative methods as curing plaques etc does not fall under the ambit of the invention and are non- patentable.

Case law

In Mayo Collaborative Services V. Prometheus Laboratories, Inc20.

In this case, the US Supreme Court said that “diagnostic and therapeutic methods (which includes the treatment or cure of diseases) is not patentable as it claims a law of nature”.

(j) Essential biological processes for the production or propagation of animals and plants is not an invention.

Plants and animals in whole or any part thereof other than micro-organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals.

(k) Simple mathematical or business or computer programs are not an invention.

A mathematical or business method or a computer program per se or algorithms;

Explanation– any mathematical calculation, any scientific truth or act of mental skills any activities related to business methods or algorithms (which are like the law of nature) cannot be patented.

(l) Aesthetic creation is not an invention.

A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions.

Explanation– such activities like writings, painting, sculpting, choreographing, cinematographing all these which are related to creativity cannot be patented and fall under the gamut of Copyright Act, 1957.

(m) Mental act, rule or method is not an invention.

A mere scheme or rule or method of performing mental act or method of playing a game.

Explanation- playing a game such as chess, sudoku etc are not considered as inventions rather these are mere brain exercises and hence are not patented.

(n) Presentation of information is non-patentable.

Explanation- a mere presentation of information by tables, chars is not an invention and hence are not patentable, for example, railway timetables, calendars etc.

(o) The topography of integrated circuits is non-patentable

Such as semiconductors used in microchips are not patented.

(p) Traditional Knowledge is not an invention.

An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of the traditionally known component or components.

Explanation- the traditional knowledge is know-how, skills, that is passed from generations to generations of a community and is already known cannot be patented for example the antiseptic properties of turmeric.

(q) Atomic-Energy inventions are non -patentable.

Section 4 deals with inventions relating to atomic energy, that are also not patentable and that fall within sub-section (1) of section 20 of the Atomic Energy Act, 1962.

Will NCPI (Bhim) Qualify For Patents?

Unified Payments is a payments mechanism that allows bank customers to send and receive money via a smartphone in real time. These payments settlements technology has been developed by NPCI (National Payments Corporation of India) which is a Reserve Bank of India backed entity with support from Indian banks.

NPCI indicated that the proximity-based solution offered by Tone Tag(a Bangalore based tech startup) could employ a tone, a sound, a near field communication (NFC), a radio-frequency identification device (RFID) or deploy ultra-high frequency (UHF) technology or a combination of these relying upon algorithm encryption. The request for proposal of NCPI added a  clause that raises questions about whether NPCI’s RFP violates Section 3(k) of the Act, as amended in 2002, lists ‘a mathematical or business method or a computer programme per se or algorithms’ under ‘inventions not patentable.

Patentability of Artificial Intelligence

The AI applications are modern-day machine learning functions and are of significant importance, especially in the commercial AI sector. However, the question is, should AI be patentable?

Indian Patent System for AI-based inventions

In India for patenting an AI technology one needs to follow the Computer-related Inventions (CRIs) guidelines which exclude a computer programme or algorithms from being patented (under 3(k) of the Indian Patent Act). At present these guidelines are focused on computers/algorithm/software based inventions and also are used to examine AI based inventions.

To claim for patenting the inventions based on AI following are needed:

• Describe hardware (eg computer system, server, sensors etc.) along with AI algorithms in your patent;
• Claim working method/process of the invention which uses AI; and
• Refrain from focussing directly on programming codes/algorithms of AI.

The word “Artificial Intelligence” can be seen in claims of the granted patents but it is to be noted that this word is used to represent part of a system that utilizes data/commands provided by AI system. However, no focus is made on the operating principle of AI.