Startup IP Checklist

Before You Pitch Investors

If you’re pitching investors, expect at least one question about IP. Use this quick checklist to avoid common mistakes.

1. Do You Actually Own What You Built?

• All co-founders have signed IP assignment agreements
• Contractors and freelancers have written agreements assigning IP to the company
• No code or designs are in personal ownership

Investor red flag: “We built it with contractors, but don’t have agreements.”

2. Is Your Core IP Clearly Identified?

Can you clearly explain:

• What’s proprietary about your product?
• What gives you a defensible advantage?

Examples:

• algorithms
• data models
• hardware designs
• unique processes

If you can’t explain this simply, investors will struggle too.

3. Are You Using Open Source or AI Tools Safely?

• Do you know which open-source licenses you’re using?
• Are you avoiding restricted licenses (e.g., GPL issues)?
• Are you using AI-generated code/content in a way you understand?

Investor concern: “Hidden IP risks in your tech stack.”

4. Do You Have an IP Strategy (Even a Simple One)?

You don’t need everything—but you should have a plan:

• Patent? Trade secret? Neither?
• What are you not protecting (intentionally)?

Good answer for those without money to protect the crown jewels: “We’ve implemented a trade secret protection plan and will revisit patents post-seed.” Just make sure you’ve actually implemented the plan.

5. Have You Avoided Public Disclosure Issues?

Have you already publicly disclosed novel aspects of your invention?

• Pitch decks
• Demos
• Conferences

This can impact patent rights (especially internationally), so call an attorney to discuss your options.

6. Is Your Brand Protected?

• Company name cleared (basic search done)
• Domain secured
• No obvious trademark conflicts

You don’t need a full trademark yet—but avoid obvious problems.

7. Are You Prepared for Investor Diligence?

Be ready to answer:

• “Who owns the IP?”
• “Do you have any patents filed or planned?”
• “What’s defensible about your technology?”

Common Mistakes Founders Make

• You don’t need a perfect IP strategy before pitching—but you DO need to show you’ve thought about it.
• Filing patents too early (and wasting money)
• Not locking down contractor IP
• Overcomplicating strategy instead of focusing on limiting risk