Why do we need IP Due Diligence?
In today’s dynamic business environment, intellectual property assets have become one of the most important assets. IP due diligence is essential for acquiring IP assets of the target company/business or raising capital through mergers and acquisitions. Therefore, it helps the organization to take informed decisions as invest in, license-in/out, or acquire/sell IP assets. An IP due diligence helps in examining the strength, scope and enforceability, ownership rights, and the future potential to be derived from the IP.
Generally, IP due diligence is conducted at the onset of the negotiations to determine the true potential of IP. We help in assessing the IP of the target company by preparing comprehensive checklists, understanding the objectives, substantive investigation, analyzing the results. We also assist you in driving maximum value from the IP by identifying potential sources of risk and understanding the intrinsic value of the IP.
IP Due Diligence Process
The IP due diligence process is an audit to analyze hundreds of thousands of patents, which are narrowed down to a manageable number by using various scoring methods. We offer both semi-automated and manual process for due diligence as per your requirements. Such services include infringement searches, preparing claim charts for selecting high value patents, and performing validity searches, check filing and patent maintenance history, and change of assignments of patents. Our team maps the competition and assists you with strategies that enable you to achieve your business goals.
We provide a wide range of services which include:
To improve your business capability, portfolio assessment is a vital task. We help you to manage and analyze your IP portfolio by indentifying strengths and addressing gaps.
After reducing the size to a manageable number, we conduct infringement searches for the identified patents to look for potential infringement of the technology of the patent. We have conducted infringement searches in various technology domains including electronics and communication, computer science and information technology, automobiles and mechanical technologies, chemical technologies, biotechnology, bio medical equipments, life sciences, etc. This helped us in acquiring unmatched practical knowledge and experience to perform technical evaluation of products and services to look for as evidence in use of related patent technology.
After completing the infringement search, we prepare Claim charts/Evidence of Use charts/Rule 11 charts for validating the actual use of the technology.
Such charts help in determining actual use of the patented technology and can also be used at the time of filing litigation complaints.
A validity search for a patent unearths relevant prior art that might have been published or available at the time of the prosecution and may prove detrimental to the novelty/non-obviousness at a later stage. We also perform a detailed file history analysis to identify the novelty and scope of the patent.
Enforceability of the patent depends on parameters such as timely payment of maintenance fee, entity status, etc. We also perform asset validation checks, including assignment history and active life remaining for a patent.
We prepare marketing collaterals that may be used to pitch key prospects and formulate business strategies.