IP due diligence asks whether a target really owns what it claims, whether those rights are protected in the right places, whether they are being maintained and exploited, and whether they have been defended. In an acquisition or an investment, the answers feed straight into the warranties, the price and sometimes the decision to proceed at all.
A thorough IP review runs across the whole life of the rights. Are there valuable assets that were never protected? Are the registrations in the jurisdictions where the business actually operates, or are there geographic gaps? Are the rights being maintained and used, or is there exposure to non-use or lapse? And what does the enforcement history show about how defensible they are? Each question can surface a finding that affects value.
For a buyer, this review is how risk is priced. For a seller, getting ahead of it removes the findings that erode value, the most common being IP that was never properly assigned from founders, contractors or agencies. A clear portfolio view, a check for coverage gaps, and an assessment of any cancellation risk turn diligence from a threat into a confirmation.
IP diligence supports our IP portfolio intelligence and commercial contracts and transactions work. It connects to M&A deal structures, due diligence and the data room, valuing an IP portfolio and spotting IP you already have. Keeping the portfolio diligence-ready is supported by our portfolio and renewals technology.
Whether assets are properly owned and protected, whether registrations cover the right jurisdictions, whether rights are maintained and exploited, and what the enforcement track record shows.
IP that was never properly assigned to the company, typically from founders, early contractors or agencies. It is cheap to fix early and painful to fix mid-deal.
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