There are many difference types of intellectual property (IP) assets and of those, patents tend to be the main driver behind mergers, acquisitions and initial public offerings (IPOs). The power of the patent to exclude competitors is what advances its value. There is no doubt that copyright, trademarks and trade secrets are important, valuable assets, but it is the patent that has the true influence.
When properly executed, IP Due Diligence can, among other important objectives, familiarise a company with the assets it owns or intends to acquire, so they can be managed and monetised appropriately.
The right kind of IP Due Diligence can lay the groundwork for a strategic plan, one that minimises exposure to patent infringement and assists with the development of patent protection strategies. It can also help with the expansion and dominance of the company in technological or scientific areas.
Our meticulous IP Due Diligence process sees us analyse in detail the patent documentation and prosecution history. During this process and in tandem with many other controls, we look to identify that the patent owner is really the owner. We want to identify that there are no defects in the patent and that it is valid. We then work with our clients to identify the true value of the patent to them, in terms of their short and long-term objectives. Our IP Due Diligence team each has over 25 years’ experience engaging in due diligence for clients in companies all over the world.
We also have considerable experience in analysing patent landscapes for clients, advising on actual and potential freedom to operate issues, and helping guide our client’s product development work to avoid future patent infringement disputes.