May 20, 2015

IP Due Diligence

Objectives
– Analyze a patent portfolio prior to patent acquisition or licensing agreement, and can help capital fundraising process, M&A (buy or sell side) or private equity, so that the potential purchaser/investor knows more about the asset that he is acquiring.
– Reveal the SWOT matrix of the patent portfolio (patent validity, patent enforceability, patent prosecution events, patent infringement …).

IP-Due-diligence-1Content
Answers to the following questions:
– Does IP allows to the company to sustain its competitive advantages?
– Does IP management allows to speed R&D?
– Is the company free to commercialize its products and services?
– Does the target fully exploits its IP?
Synthesis the value contribution of the IP to the value of the target company.

Methodology
1) Ensure the IP rights validity.
2) Ascertain whether patents are the subject of any litigation or infringement suits.
3) Mapping the patent portfolio and align the patents with business lines of the target company.
4) Analyze the IP competitive context.
5) Identify the risks.
6) Assess the value (strategic, financial) of the patent portfolio and validate its market potential.

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