Intellectual property (IP) due diligence is a comprehensive, in-depth analysis and evaluation of a business’ IP portfolio.
As an all-encompassing deep dive into existing rights, products, ideas and business plans, due diligence establishes the true commercial relevance and potential value of the portfolio, whilst also revealing potential weaknesses.
But it is more than simply a box-ticking compliance or risk management exercise. When carried out with a commercial focus, due diligence can accelerate innovation and make the business a more attractive proposition for investors, as well as provide the ‘truth’ during the merger and acquisition process.
1. It clarifies the existing landscape
At a foundational level, due diligence gives clarity what IP exists, the scope and validity of IP rights (and how these rights map to the IP), any new IP in the pipeline and relevant competitor activity in the landscape.