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IP created by founders before incorporation legally belongs to the founders personally, not the company. If you built the core technology before Day 1, you must formally assign it to the company.
Startup ecosystem · Incorporation
IP assignment: making sure the company owns what it's built on
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Provisions
Patents Act 1970 | Copyright Act 1957 | IT Act
Analysis
IP Assignment Deed: Formal agreement where founders assign all existing and future IP created for the startup to the company, in exchange for ₹1 or shares (depends on IP value). This is a standard closing condition in every VC deal, missing it delays or kills rounds. Copyright: Code written by an employee belongs to the employer. Code written by a contractor belongs to the contractor unless a work-for-hire agreement is signed. Every contractor must sign one.
Close
- IP Assignment Deed signed by all founders → company
- Work-for-hire agreements with all contractors and freelancers
- Employee IP clause in all employment agreements
- Patent applications in company's name (not founder's personal name)
- Domain names, trademarks, social handles, all registered to company, not personal email
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