What is Patent Due Diligence?

Patent due diligence is a method of closely reviewing a patent portfolio and status. A strategy in technology development and patent portfolio management should include due diligence review. Such review would evaluate the intellectual property (IP) of others to gain “freedom to operate” in a given technology field. Due diligence may also occur in evaluating patent portfolios, such as in a corporate transaction that may involve patent acquisition.

Strategic Patent Due Diligence

Our patent attorneys perform IP due diligence reviews for clients prior to launching a new product or technology. For example, a freedom to operate search helps identify third party patents and help avoid infringing the patent rights of others. With a patent due diligence review, we can provide guidance on effective patent portfolio management strategies. Additionally, an IP diligence review helps to identify value in a business before entering into commercial transactions.

Intellectual Property Due Diligence for Corporate Transactions

Corporate and commercial transactions often require intellectual property (IP) due diligence. Such due diligence involves review of the various types of IP that will be exchanged in the transaction. Patents can often be the catalyst that drives corporate transactions, including mergers, acquisitions, and initial public offerings. Therefore, we assist clients in strategic IP due diligence to identify the true value of business assets.  For example, it helps to consider issues such as the quality of patent prosecution, the competitive landscape, and even possible alternatives to the patented technology.

As a patent law firm, our patent lawyers can assist with advising on patent due diligence legal issues. See our Patents service line page for additional information about IP due diligence legal services.