What Intellectual Property Insurance Requirements Apply in Texas?

Texas law allows a court to preserve the secrecy of information during a trade-secret case, including by protective order. Ask whether the insurer’s panel counsel can work under restricted access and support sealed filings.

What Is Intellectual Property Insurance?

Intellectual property insurance comes in two separate parts: defense, when you're accused of infringing a patent, trademark or copyright, and enforcement, when you pursue someone who copied yours. A defense-only quote doesn't pay for your own lawsuit, so ask for each part you need. Read the national Intellectual property guide.

What to Watch for With Intellectual Property in Texas

  • Match the State Rule to Your Coverage

    Texas law allows a court to preserve the secrecy of information during a trade-secret case, including by protective order. Ask whether the insurer’s panel counsel can work under restricted access and support sealed filings. 3

  • Plan for the State Remedy

    Texas provides for damages based on actual loss and unjust enrichment, with a reasonable royalty available when those measures are inadequate. Ask whether the policy addresses license-value claims and whether defense costs erode limits. 3

  • Check Customer Demand Exposure

    Texas’s bad-faith patent-claim law applies to qualifying end users located or doing business in the state, including buyers of a product, service, or technology who are not reselling it. If your customers are contacted, ask whether your policy covers defense of the product claim and related response costs. 2

Which Intellectual Property Providers Have Texas License Records?

These providers publish a national listing for Intellectual property; the license records below name the licensed entities and roles. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Texas. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • Risklytics

    Insurance producer · checked 2026-09-28

    Risklytics, Inc.

    Risklytics’ licensing page lists its Massachusetts resident agency license plus state license records in Arizona, Colorado, Illinois, Indiana, New Jersey, Ohio, Texas and Washington; it identifies the NPN record date as September 10, 2026. This list is company-published and not a product availability map. 15

    Risklytics arranges intellectual property insurance for robotics, hardware and AI businesses.

Who Regulates Insurance in Texas?

Texas Department of Insurance

TDI licenses agents and insurers, reviews company rate filings, and investigates complaints against insurance companies and people it regulates. Its complaint page states limits on what it can resolve, including disputes outside its regulatory authority. 4,5,6

Surplus-Lines Tax and Stamping Office in Texas

Reported tax rate. 4.85% of gross premium plus 0.04% SLTX stamping fee 7,8,9

When Texas is the insured’s home state, the state tax is 4.85% of gross premium; absent a compact allocation agreement, a multistate policy can be taxed on its entire premium. Policies effective on or after Jan. 1, 2024 also carry a 0.04% stamping fee; SLTX invoices the broker and says the insured pays it, and the surplus-lines insurer is not covered by the Texas guaranty association.

Surplus Lines Stamping Office of Texas

Questions to Ask Before You Buy Intellectual Property in Texas

  1. Will this policy cover a threatened trade-secret claim under Texas law before a lawsuit is filed?
  2. Do defense costs reduce the limit available for a royalty settlement or damages?
  3. What records should we preserve to establish when a suspected Texas misappropriation was discovered?

Intellectual Property Insurance in Texas: Frequently Asked Questions

What is the key Texas rule for a trade-secret claim?

Texas law allows a court to preserve the secrecy of information during a trade-secret case, including by protective order. Ask whether the insurer’s panel counsel can work under restricted access and support sealed filings. 3

How should I handle a suspected intellectual-property claim in Texas?

Notify the insurer promptly and preserve the first demand, access logs, agreements, and discovery date. Texas’s statutory trade-secret claim has a three-year discovery-based filing period and treats continuing misappropriation as a single claim. Preserve an incident timeline and ask how the policy groups later disclosures. The federal Defend Trade Secrets Act is a separate claim with its own filing period. 3,1

Intellectual Property Insurance Guides for Other States

Other coverage in TexasEvery coverage guide for Texas, plus the regulator and surplus-lines details.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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