Intellectual Property

Transactional IP counsel

Intellectual property is only valuable if a company clearly owns it, understands it, and uses it strategically. Gaps in ownership, unmanaged open source, and undocumented assets are among the most common issues uncovered in financing and acquisition diligence.

Apex Legal helps companies confirm they own their IP, understand what they have, and decide how to use it. We focus on the transactional side of intellectual property and coordinate with patent and trademark prosecution counsel when filings are needed.

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What we handle

IP ownership.

Founder IP assignments, employee and contractor invention assignment agreements, and cleanup of gaps in the chain of title.

IP audits.

Inventories of IP assets, confirmation of ownership, and review of licenses and IP-related risks before a financing, sale, or major partnership.

Commercialization strategy.

Advice on licensing out, partnering, spinning out, or selling IP to generate value from technology assets.

Assignments and transfers.

IP assignments in acquisitions, reorganizations, and asset sales, and recordation coordination with prosecution counsel.

Open source.

Open source license compliance, contribution and usage policies, and remediation.

Confidentiality and trade secrets.

Nondisclosure agreements and contract terms that protect confidential information and know-how.

Chicago intellectual property lawyer drafting AI and tech contracts

Who we work with

We represent startups and emerging companies, growth-stage and established technology businesses, life sciences companies, and investors evaluating IP-driven companies.

Chicago intellectual property lawyer reviewing joint venture agreement

Our approach

We approach IP as a business asset. Our advice connects ownership, risk, and strategy to your goals, whether that means preparing for a financing, clearing the way for an acquisition, or building a licensing program.

Frequently Asked Questions

Not always. Ownership depends on the type of IP, the working relationship, and the agreements in place. Contractors in particular may retain ownership of their work unless there is a written assignment. Signed invention assignment and IP assignment agreements are the most reliable way to make sure your company owns what it pays for.
An IP audit is a structured review of a company’s intellectual property, including what it owns, how ownership is documented, and what licenses and risks affect it. Companies often conduct an audit before raising capital, before a sale, after rapid growth, or when planning a licensing program.
Chain of title is the documented history of ownership of an IP asset, showing how rights passed from the original creator to the current owner. Gaps, such as a missing assignment from a founder or contractor, can raise questions about ownership during diligence. Most gaps can be corrected with the right documentation.
Open source software is widely used and generally beneficial, but each open source license comes with conditions. Some licenses may require you to make your own source code available if you distribute software that incorporates the open source code. A clear open source policy and periodic review help companies use open source confidently.
The right path depends on your business goals, resources, and the market for the technology. Licensing can generate revenue while you retain ownership, partnering can bring development resources and market access, and selling can provide immediate value. We help you weigh the trade-offs and structure the approach that fits your strategy.
Our practice focuses on transactional IP, including ownership, audits, licensing, and commercialization strategy. When patent or trademark filings are needed, we coordinate with prosecution counsel so your filing strategy aligns with your broader business and licensing goals.