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IP Due Diligence

An intellectual property portfolio may contain some of the most important assets in a business. It is essential to understand the value of those assets.

A due diligence report can assist investors and acquirers of IP by assessing the commercial strengths and weaknesses of a portfolio. It will typically:

  • Identify the scope of an IP portfolio, including the geographical coverage, potential expiry dates and whether the relevant fees have been paid to keep patents, trade marks and designs in force
  • Assess whether the IP is appropriate to protect the commercial activity of the company and explore how third parties might potentially be able to challenge or work around the IP
  • Consider pending IP rights, advise on the likelihood of securing grant and assess the potential scope of protection that might be achieved
  • Assess the ownership of the IP, ensuring rights are vested in the company of interest
  • Investigate any contractual obligations involving IP
  • Consider freedom to operate/trade mark availability searching in relation to the products or processes of interest
  • Advise on the overall strategic position, with reference to the value of the portfolio and any potential IP risks

We will tailor our report according to your requirements. No due diligence project is the same. We recognise the need to adapt the level of review to your needs, with reference to time constraints and costs. Sometimes a thorough review is required, in other situations, a quick check is more appropriate.

We have extensive experience both in assisting investors/acquirers and in assisting businesses that are open to external investment or to being acquired.