Prior to a business transaction involving IP assets (e.g., investment deal, joint venture, M&A, license, sale), it is crucial to perform an IP due diligence.
The IP due diligence process allows assessing the strengths and weaknesses of a company’s IP portfolio and/or identifying the IP-related risks associated with the commercialization of a company’s products and services.
The process may include:
- determining the IP rights (e.g., patents, trade-marks, designs, know-how, copyright for protecting software, licenses, etc)
- analysing the IP rights (e.g., checking ownership and chain of title, scope of protection in view of commercial objectives, validity and enforceability)
- identifying freedom-to-operate issues for key products and processes, including risks in view of improper use of open-source material
- assessing the handling of IP in development processes and employee training
- evaluating likelihood or risk of IP litigation
There is no standard IP due diligence applicable to all circumstances. Our experienced IP specialists are working closely with you to understand your needs and goals and to provide a tailored due diligence report within the available timeframe and resources.