Whether your company is a high technology start-up or an established manufacturer of consumer products, if you are seeking private investors, considering an initial public offering or have a purchaser interested in acquiring the business, the intellectual property due diligence process can make or break the deal. Intangible assets such as technology, know-how, and trademarks are increasingly becoming businesses’ most important assets. Indeed, in today’s virtual economy, intellectual property may be a company’s only significant asset, with manufacturing, inventory and distribution all outsourced to third-parties.
It is not surprising then that intellectual property due diligence is an increasingly important part of the investment, financing, or merger and acquisition process. The purpose of the intellectual property due diligence process is to assess the value, scope, and extent of a company’s intellectual property including ownership rights. Starting early and planning ahead for