Building a Business or Freelancing? It's Key to Protect Your IP
Whether you're launching a startup or working independently as a freelancer or consultant, your intellectual property (IP) is one of the most important assets you have and one of the most commonly overlooked.
I've had too many conversations where someone says, “Oh, I didn’t think I needed to worry about that yet,” only to find themselves in a legal or ownership mess a few months later. It happens to startups. It happens to independent contractors. And it’s almost always avoidable with the right upfront moves.
Here’s what you should know if you’re working independently, especially in creative, strategic, or technical fields:
If You’re a Freelancer or Consultant, Focus on These Early IP Moves:
✅ Use NDAs strategically
When you’re talking to potential clients or collaborators about new ideas, a basic two-way NDA can help protect your discussions, but only if it’s mutual, time-limited, and doesn’t include hidden restrictions like non-competes or non-solicits.
✅ Always define ownership in your Independent Contractor Agreement (ICA)
Make sure every contract spells out:
Who owns the work product (and whether you retain any license rights),
When rights transfer (often upon full payment), and
What happens if the relationship ends early.
✅ Clarify IP terms in your Statements of Work (SOWs)
Even if you have a master agreement, the SOW should reiterate:
Which deliverables are IP-sensitive (e.g., code, copy, design),
Any reuse rights you retain for portfolio, templates, or future clients,
Any third-party IP being incorporated (fonts, plugins, etc.).
✅ Consider registering key IP if it’s central to your brand or business
If you’re developing tools, brand assets, or original systems that give you a market edge, it may be worth filing a trademark or even a copyright or provisional patent depending on your offering.
IP Strategy for Startups: What to Prioritize
When you’re building something new, it’s easy to treat your intellectual property (IP) as an afterthought. But the truth is, your IP strategy is foundational to protecting your innovation, avoiding costly disputes, and creating long-term value for your investors.
I work with startups at every stage, and here’s the basic IP roadmap I recommend, plus a common mistake that even savvy teams make.
🟢 Pre-Seed / Seed Stage: Get the Basics Right
At this early stage, you’re laying the groundwork for everything that follows. The goal is to secure your foundational IP and avoid cleanup down the line.
Here’s where to focus:
Secure your core business name and trademark: Do a proper clearance search and lock down your brand early, especially if it’s customer-facing.
Standardize your contract templates: Include IP ownership and assignment clauses in all employment, contractor, and advisor agreements.
Document invention origins: Keep records of who created what, when. Use dated files, version histories, or project logs.
🔑 Pro tip: Don’t let early collaborators walk away with unclear ownership rights. A one-page assignment agreement can save you months of future headaches.
🟡 Series A: Move from Reactive to Strategic
Now you’ve got traction and investors expect a more thoughtful approach to IP. This is the moment to elevate your protection and start thinking globally.
Here’s what to build into your Series A strategy:
File patent applications for key, defensible innovations—not everything needs a patent, but protect what’s core.
Develop trade secret protocols: Lock down sensitive information and limit access to only those who need it.
Begin international trademark planning: If you're expanding or selling in other markets, file early in key jurisdictions.
🔑 Pro tip: Trade secrets often provide stronger protection than patents if they’re managed well. But they only work if you have formal policies in place.
🔵 Series B and Beyond: Scale with Structure
As your product lines and team grow, IP management needs to become a system, not a scramble.
At this stage, focus on:
Systematic IP reviews for new products: Don’t let new features or offerings launch without assessing risk and value.
Competitive monitoring: Track patent filings and trademarks from your competitors to stay ahead and avoid infringement.
Strategic defensive publications: Publish select details to block others from patenting similar ideas, while preserving your freedom to operate.
🔑 Pro tip: Defensive IP doesn’t mean aggressive IP. Your strategy should match your business model, not a hypothetical arms race.
What Most Startups Miss: The Transition Points
It’s not the strategy that breaks, it’s the timing.
One client scaled quickly after raising a Series A, but forgot to update their IP assignment protocols during a hiring spree. The result? Months of legal cleanup and expensive retroactive assignments just to clear the cap table for their next round.
These kinds of oversights are avoidable with the right systems and check-ins at key growth stages.
Not Sure Where to Start, Do These Three Things:
Map your current IP assets
What do you own? Who created it? Where is it documented? Put it all in one place.Review your contract library
Check every agreement with employees, contractors, advisors. Do they assign IP? Are the terms consistent?Create a simple IP review protocol
For every new product or feature, build in a 15-minute IP check before it ships. It doesn’t have to be complicated, just consistent.
Final Thought
The best IP strategy isn’t always the most aggressive or expensive, it’s the one that aligns with your actual product roadmap and business model.
Start early. Keep it simple. Protect what matters.
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This post is for informational purposes only and reflects the personal views of the author. It is not intended as legal advice, does not create an attorney-client relationship, and should not be relied on as a substitute for consultation with qualified legal counsel.