Who Really Owns Your Startup’s Intellectual Property? The Answer Might Surprise You.

We’ve all heard the story: founders tirelessly working on a passion project at night or on weekends, dreaming about launching a startup.

What most people don’t see coming:
Working outside of work hours and avoiding company resources doesn’t automatically mean you own the intellectual property (IP) behind your startup. Many employment agreements contain “invention assignment” or “work‑for‑hire” clauses that give employers rights to inventions and other IP created by employees, even if the work was done off the clock and without using company resources. That means a side project you believe is 100% yours might actually belong to your employer.

What can you do?

Before investing time, money, or your future in a project:

1. Review your employment agreement(s) carefully.
   Look specifically for IP assignment or invention‑assignment clauses.

2. Document your work and keep boundaries clear.
   Avoid using company devices, networks, software, or confidential information.

3. Get legal advice early.
   It’s much easier to resolve ownership questions before you file a patent or pitch an investor.

Whether you're a founder‑in‑the‑making or simply exploring a creative idea, don’t let uncertainty about IP ownership derail your plans. If you’d like help interpreting your agreements, navigating IP ownership questions, or addressing other startup issues, feel free to reach out to me.