Intellectual property (IP) often sits at the center of enterprise value in modern M&A. For companies in technology, life sciences, and consumer products, IP is not just an asset class but a core driver of competitive advantage. General counsel on both sides of a transaction play a critical role in ensuring IP issues are identified, evaluated, and addressed from letter of intent (LOI) through closing and into post-deal integration. Here is a step-by-step guide for in-house teams navigating IP considerations in M&A transactions.
Start with what matters
Both buyers and sellers should align early on which IP is truly material to the deal, whether that be patents, trademarks, and copyrights, or unregistered assets such as trade secrets, software, and know-how. Buyers will focus on whether the target’s IP meaningfully supports its revenue and growth projections.Sellers, in turn, should be ready to clearly articulate how their IP portfolio underpins the business and differentiates the
