Question 1

Does Texas enforce broad IP assignment clauses?

Accepted Answer

Generally yes, more so than other states. Texas courts enforce IP assignments that apply to inventions "created during employment" or "related to company business." However, courts recognize limits: you can own inventions created entirely outside work (own time, own equipment, unrelated to business). The scope of assignment matters — overly broad assignments may be unenforceable.

Question 2

Can I have side projects if I signed an IP assignment clause?

Accepted Answer

It depends on the clause scope. If your clause says "company owns all inventions created during employment," side projects outside work hours might be safe. If it says "all inventions you create, period," that's overly broad and courts may not enforce it for outside work. Best practice: get an explicit carve-out for personal projects in writing.

Question 3

How does Texas trade secret law affect IP ownership?

Accepted Answer

Texas follows the Uniform Trade Secrets Act (UTSA). Company owns trade secrets/confidential info created as part of your job. You cannot disclose them or use them at competitors. However, UTSA protects the company's secrets, not all IP. Inventions unrelated to trade secrets may be your property even if created at work.

Question 4

What if my IP assignment clause is really broad and covers "all work product"?

Accepted Answer

Overly broad clauses are disfavored in Texas. Courts may narrow them or strike them as unreasonable restraint of trade. However, litigation is expensive. Better approach: negotiate a reasonable clause: "Company owns inventions related to company business created during work hours using company resources. Employee owns other inventions." This protects both sides.

Question 5

How do I negotiate IP assignment in Texas?

Accepted Answer

Push for explicit carve-outs: "Exclude personal projects using personal equipment outside work hours, unrelated to company business." If they want everything, ask what legitimate need they have. Many Texas companies accept reasonable language. If they're aggressive on IP, that's a red flag about the company's broader practices.

IP Assignment in Texas: Trade Secrets & Invention Ownership

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