IP Due Diligence
IP Due diligence is generally required and conducted prior to the transfer of intellectual property rights or assets through commercial transactions such as mergers or acquisitions, or where investment is being made into the business. Due diligence is an investigative exercise to check for the existence and quality of assets which are the subject of the commercial transaction. IP due diligence can therefore be critically important in deciding whether to purchase or invest into a company, or enter into some other agreement with the company where IP is a factor.
Due diligence can be used to establish the value of a patent portfolio and allow an assessment of the fit with strategic goals. Boolean IP can:
- Identify and confirm the status of a patent portfolio.
- Advise on the scope of protection forwarded by a patent portfolio and any issues of enforcement.
- Advise on validity of patents on the basis of cited prior art during patent prosecution or in additional searches.
- Confirm inventorship of patents.
- Confirm entitlement (ownership) of patents.
- Advise whether a patent covers the commercial embodiments which it is intended to protect.
- Perform a freedom-to-operate search to understand the viability of the products.
- Consider any contractual arrangements relating to the patents, such as licenses and material transfer agreements.
- Assess the existence, validity and enforceability of the IP rights owned or licensed by a company, including whether required formalities have been complied with, and whether appropriate fees have been paid to keep the IP in force.
- Assess the existence, potential for, and relevance of company know-how, and non-registered rights such as copyright.
Please contact us to get a quote and understand your needs.