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Dear Founders: Here Are Three IP Mistakes to Watch-Out For

Scott Edward Walker

Over the past six months, my firm has been engaged by a number of startups with significant intellectual property (“IP”) problems. In a couple of cases, the founders played lawyer on their own; in the other cases, the founders either used (i) a Web service that did not address IP issues or (ii) an inexperienced law firm.

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Startups and IP Ownership Issues

Scott Edward Walker

For many startups, intellectual property (IP) is their most valuable asset. Below are the three most common IP-related mistakes that startups make — the first of which I discuss in this brief video with Jason Calacanis. Mistake #2 – Not Assigning to the Company Any IP Created Pre-Incorporation.

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4 Deadly Legal Mistakes That Startups Make

Scott Edward Walker

Indeed, you must make sure that all of the shares of common stock issued by the corporation to the founders are subject to vesting restrictions – which means that ownership of the shares would vest over time (instead of all of the shares being owned outright on day one). IP Ownership. Vesting Restrictions.

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Do It Right The First Time, Part II: Visit the Doctor or House Call?

Gust

Readers can anticipate my next point in continuing the analogy: It makes no more sense for a non-lawyer to prepare fundamental legal, governance, equity and intellectual property documents than it would for a patient to self-diagnose and begin taking prescription-strength antibiotics or other medications.

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When do I need to incorporate a company?

Startup Company Lawyer

Please keep in mind that even if a company is incorporated, founder stock purchase agreements with repurchase rights over unvested stock if founders leave are not included with the documents from typical online incorporation services. Creating intellectual property. Issuing stock options.

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Term-sheets and Valuations: Thinking about Negotiations - Startups.

Tim Keane

  However, I assume that the proposed business solves a real problem that people are willing to pay for and that it may be lest costly, more efficient, and IP-protected. [5]   A bottom up approach has the advantage of logic. [4]   [6] Both parties should be aware that overpaying by investors can be a sign of trouble.

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Startup Founder Agreements

blog.simeonov.com

It outlines key points of agreement between founders around IP ownership, equity ownership, vesting, etc. For example, without a clear vehicle (a company) to contribute intellectual property into, a founder who walks away may mean that the future company won’t own its own IP. An email would do.

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