IP due diligence is essential to determine the value and suitability of IP assets in the context of a proposed commercial transaction.
For an IP owner, an assessment of the nature and scope of its IP assets, how it protects its IP and the competitive landscape for its products or services will assist to evaluate the strength of its IP portfolio.
Such an assessment will also allow an IP owner to identify any weaknesses or risks associated with its IP portfolio; take steps needed to bolster its IP position; and evaluate and maximise the value of its IP to achieve the best commercial outcome when looking to commercialise its IP.
For a third party seeking to acquire or in-license IP assets, appropriate due diligence will allow it to make an informed decision about the value and scope of the IP it is acquiring and whether it will be able to protect, maintain, enforce and utilise the IP for its intended purposes.
Effective IP due diligence requires in-depth IP skills, knowledge and expertise. Shelston IP’s team of IP lawyers, patent and trade mark attorneys and patent and trade mark searchers is perfectly suited to provide comprehensive IP due diligence services, including:
- searching, assessing and advising on the scope, validity and enforceability of existing IP portfolios – including gap and risk analysis and advice on strengthening your overall IP position;
- searches of public registers and document reviews to confirm ownership and existing licence or other third-party rights affecting IP; and
- advising on freedom to use and commercialise IP – including identifying any conflicting third-party rights, infringement risks or other potential impediments to intended use.