LEAVITT & ELDREDGE
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Practice Area

IP Business Law & Transactions

The patent is the asset. The structure around it decides what you can do with it.

The Practice


An overview of business law.

Intellectual property only carries the value the surrounding contracts let it carry. The firm handles the corporate and contractual side of IP ownership: holding-entity formation, intra-family licensing, third-party licensing, USPTO-recordable assignments, and IP due diligence on acquisitions.

Scope of Work


The work the firm performs.

01.

IP-holding LLC formation

Texas LLCs structured to hold IP separately from operating risk, with intercompany license agreements that survive litigation and tax review.

02.

Licensing

Exclusive and non-exclusive licenses, field-of-use restrictions, royalty structures, audit rights, termination triggers.

03.

Assignments

USPTO-recordable assignment instruments for patents, trademarks, and copyrights.

04.

Transaction due diligence

Chain-of-title review, encumbrance search, prosecution-history review, and risk reporting to the deal team.

Primary Authorities


The statutes that govern.

A selection of the federal and Texas authorities that govern this practice. The firm's work is grounded in primary law, not paraphrase.

  • 35 U.S.C. § 261Patent assignment recordation
  • 15 U.S.C. § 1060Trademark assignment requirements
  • Tex. Bus. Orgs. CodeTexas LLC formation and operation

Common Questions


Asked on first calls.

01.Should I hold my IP in a separate LLC?

Usually yes, if the IP has independent value. Separation insulates the IP from operating-business liabilities and yields a cleaner story for licensing or sale.

02.Can I license my own patent to my own company?

Yes. The license has to be at arm's length and properly documented for the structure to stand up to IRS or judgment-creditor scrutiny.

Ready to discuss your business law matter?