What Happens to Intellectual Property When You Sell Your Company?

For many founders, intellectual property (IP) is one of the most overlooked—but most valuable—parts of a business sale. While revenues, customers, and cash flow often dominate the conversation, IP is a critical asset that buyers evaluate carefully in M&A transactions.

Defining Intellectual Property in a Deal

In the context of a business sale, IP includes more than patents and trademarks. It covers your brand, website, business name, proprietary processes, and any other intangible that differentiates your company. Buyers see these assets as central to both risk management and long-term growth potential.

Why IP Matters for Valuation

Well-protected IP can enhance valuation by demonstrating clear ownership and defensibility. Conversely, poorly documented or disputed IP rights can reduce value or even jeopardize a transaction. Founders should take steps in advance to document ownership, register trademarks, and ensure employee or contractor agreements properly assign rights to the company.

What Buyers Expect

In due diligence, buyers will confirm that your IP is transferable and free of encumbrances. This often involves reviewing domain registrations, contracts, licensing agreements, and any pending disputes. Clean records provide confidence that the buyer will fully own what they’re paying for.