IP Lawyer NYC Assisting Indian Startups and NRIs with Global IP Protection

For Non-Resident Indians (NRIs) and Overseas Citizens of India (OCIs) developing groundbreaking technology or launching startups in global markets, protecting intellectual property (IP) is essential. In a fast-moving innovation hub like New York City, an experienced IP lawyer NYC provides strategic guidance to Indian entrepreneurs aiming to safeguard their inventions, brands and software across borders.

From filing Indian technology patents in NYC to enforcing trademark litigation or preserving NRI software IP protection, Indian founders operating in the USA need clear, effective, and cross-border legal solutions. This article explores how LawCrust empowers Indian startups with customised IP support across jurisdictions.

Why Indian Startups and NRIs Need an IP Lawyer NYC

As Indian startups scale globally—particularly in the U.S.—they encounter a legal environment that demands precision, foresight, and experience. Intellectual property law varies by country, and without the right legal strategy, even the most innovative ideas can be compromised.

A specialised IP lawyer NYC bridges this gap by offering:

Patent filing and protection under the United States Patent and Trademark Office (USPTO)
Trademark registration and trademark litigation
Protection of trade secrets under U.S. law
Drafting and negotiating global licensing agreements
IP portfolio management customised for NRIs and OCIs

LawCrust ensures that Indian founders maintain control over their innovation and brand identity in global markets.

1. Indian Technology Patents NYC – A Growing Necessity

The past decade has seen a sharp rise in Indian startups filing U.S. patents. According to industry data, Indian-origin inventors and companies filed over 9,500 U.S. patents between 2015 and 2021, particularly in software, health-tech and artificial intelligence.

Filing a patent in India under the Indian Patents Act, 1970 does not automatically protect your invention abroad. An IP lawyer NYC can help you file for U.S. patents, navigate differences in patent systems (e.g., India’s first-to-file vs. U.S. first-inventor-to-file), and coordinate international filings through the Patent Cooperation Treaty (PCT).

Recent updates to India’s Patent Rules (March 2024) have also aligned divisional filing practices with U.S. procedures—making global coordination more seamless.

2. Trademark Litigation and Brand Protection in the USA

A brand is a valuable asset, especially for startups competing in the digital and physical marketplace. U.S. trademark law operates on a “first-to-use” system, unlike India’s “first-to-file” rule. This means startups must act quickly and strategically to secure brand rights in both regions.

Trademark litigation becomes necessary in cases of infringement, counterfeit products, or domain name squatting. An IP lawyer NYC offers crucial representation before U.S. courts and the USPTO, while also coordinating with Indian legal teams to build a cross-border enforcement strategy.

Under Section 135 of India’s Trade Marks Act, 1999, NRIs also have strong remedies in India—making dual protection critical for cross-border startups.

3. NRI Software IP Protection Through Trade Secrets and Copyright

Indian founders with proprietary software, algorithms, or platforms often seek to avoid public disclosure through patents. In such cases, trade secret protection is a powerful alternative. An IP lawyer NYC can help NRIs and OCIs:

Draft and enforce non-disclosure agreements (NDAs)
Develop internal confidentiality protocols
Litigate misappropriation under the Defend Trade Secrets Act (DTSA), 2016

Meanwhile, Indian law is catching up with the proposed Protection of Trade Secrets Bill, 2024, aiming to bring Indian trade secret protections in line with global standards.

Where copyright applies, Section 2(o) of India’s Copyright Act, 1957 and U.S. federal copyright law both provide software protection, including source code, graphical interfaces, and documentation.

4. Licensing Agreements and Monetisation of Intellectual Property

Licensing intellectual property is an essential way for Indian startups to generate revenue from innovation without compromising ownership. An IP lawyer NYC structures licensing deals that:

Comply with U.S. and Indian law
Include clear royalty structures
Define permitted uses and geographic restrictions
Provide customised dispute resolution mechanisms

From AI tools to healthcare devices, Indian founders can scale internationally with a well-crafted global IP licensing strategy.

5. Key Legal Developments Impacting NRIs and Indian Startups

Recent improvements in India’s IP framework—such as fee reductions for DPIIT-recognised startups and digitalisation of the IP office—make it easier for NRIs to file from abroad. Meanwhile, courts like the Delhi High Court’s IP Division Bench have ruled in favour of NRIs on issues of cross-border infringement and jurisdiction.

International treaties such as the Berne Convention and TRIPS Agreement, to which both India and the U.S. are signatories, support mutual recognition of copyrights and trademarks, though dual registration remains recommended for strong enforcement.

Although U.S. law doesn’t offer special provisions for NRIs, foreign individuals and startups can file patents and trademarks with equal rights as domestic entities.

FAQs on IP Protection for NRIs and OCIs

Q1: Do I need to register my patents and trademarks in both India and the U.S.?

Yes. Dual registration offers the strongest enforcement capabilities, especially for startups planning global operations.

Q2: How can I protect a software algorithm without filing a patent?

Use trade secret protection. Maintain internal security and use NDAs. An IP lawyer NYC will guide you through DTSA-compliant processes.

Q3: Can I sue a U.S. company for infringing my Indian patent?

Only if you’ve registered your patent in the U.S. A U.S. patent is required to take legal action in American courts.

Q4: I’m developing an app in the U.S. but plan to launch in India. Do I need Indian IP protection too?

Yes. Consider filing trademarks and copyrights in India to avoid misuse and protect your market presence.

Q5: What are the major differences between U.S. and Indian IP laws?

India follows first-to-file for patents and trademarks, while the U.S. uses first-inventor-to-file and first-to-use. Trade secret protection is better formalised in the U.S. An IP lawyer NYC can align your strategies.

Outlook for Indian Innovators in the U.S.

The global market rewards innovation—but only when it is legally protected. Indian startups, NRIs, and OCIs operating in high-value sectors must adopt proactive IP strategies. By working with a qualified IP lawyer NYC, you can build a customised framework for protecting your patents, trademarks, software, and trade secrets—ensuring your startup’s long-term success and investor confidence.

As India’s IP regime modernises and international IP enforcement grows stricter, the need for legally sound, globally recognised protection continues to rise.

Conclusion

For Indian founders and NRIs, intellectual property is not just an asset—it’s a critical driver of growth, credibility and competitive advantage. Whether you need to protect a patent, enforce your brand through trademark litigation, or establish NRI software IP protection, an IP lawyer NYC offers expert guidance across jurisdictions.

From New Delhi to New York, LawCrust Legal Consulting is your trusted legal partner in building a secure global presence for your innovation.

About LawCrust

LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.

In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.

Protect Your Innovation with an IP Lawyer NYC for NRIs & OCIs