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Who Can Own Intellectual Property?

Written by Rebecca M. Stadler, Esq. | Feb 4, 2025 1:00:00 PM

When it comes to intellectual property (IP), businesses and individuals often wonder what types of corporations can own these valuable assets. The short answer? Nearly any business entity can own intellectual property—but the process varies depending on whether you’re dealing with trademarks, patents, or copyrights.

Trademarks: Open to Any Entity

A trademark can be owned by any type of business entity, including:

  • Individuals
  • LLCs (Limited Liability Companies)
  • Corporations (Inc.)
  • Not-for-profits

Trademarks are incredibly flexible in terms of ownership. Whether you're a solo entrepreneur or a large corporation, you can register and hold a trademark under your name or your business structure.

Patents: Ownership Starts with the Inventor

The process of patent ownership works a bit differently. In the United States, a patent application must first be filed in the name of the inventor. However, once filed, the patent rights can be assigned to another entity, such as:

  • A corporation (Inc.)
  • A not-for-profit organization
  • An LLC
  • Another individual

Patents are often transferred from the inventor to a business entity through an assignment agreement. This is common in research-heavy industries where companies employ inventors to develop new products or technologies.

Copyrights: Creator-Owned, With Work-for-Hire Exceptions

Copyrights initially belong to the creator of the work—whether it's an artist, writer, or musician. However, ownership can be transferred through an assignment, similar to patents. Additionally, there are work-for-hire arrangements, where an employer or formal business entity may own the copyright if:

  • The work qualifies as a "work made for hire" under copyright law
  • There is a written agreement stating that the employer owns the rights

This is a common scenario in creative industries where companies hire employees or freelancers to produce content under a work-for-hire agreement.

Final Thoughts

Intellectual property ownership is a critical consideration for businesses, whether you're trademarking a brand, patenting an invention, or securing copyright for creative works. While this post provides an overview, it's always best to consult a corporate attorney to ensure proper ownership and protection of your IP assets.