In today’s fast-paced business world, intellectual property (IP) is more than just an asset — it’s the backbone of many high-value deals. Whether you’re planning to merge, acquire, license, invest, or enter a strategic partnership, the quality and security of IP rights can determine the real value of your investment. That’s where IP Due Diligence comes in.
What Is IP Due Diligence?
IP Due Diligence is a deep dive into the IP assets of a company — patents, trademarks, copyrights, designs, trade secrets, and related agreements. It’s an investigation to verify that the IP is valid, enforceable, transferable, and free from hidden risks that could derail the deal or drain your ROI.
Why Does It Matter?
Many companies discover too late that what they bought — or thought they owned — is worth far less than expected. A lapsed patent, a trademark under dispute, or unlicensed third-party code can invite lawsuits, destroy competitive advantage, and drain millions in legal costs.
Proper IP Due Diligence helps you:
Confirm ownership and rights: Check that the seller or partner truly owns what they claim.
Detect legal issues early: Spot pending disputes, oppositions, or unfulfilled obligations.
Validate asset strength: Ensure patents are valid, trademarks are renewed, and trade secrets are secure.
Get the real value: Make sure you pay for what’s truly enforceable and commercially viable.
Negotiate better: Use findings to negotiate price, warranties, or indemnities.
When Should You Do It?
IP Due Diligence is a must for:
✔️ Mergers & Acquisitions — To ensure you’re acquiring real, enforceable IP.
✔️ Licensing Deals — To confirm licensors have the rights they’re granting.
✔️ Joint Ventures & Tech Transfers — To define clear ownership and use.
✔️ Investor Funding — To verify a startup’s IP isn’t just an idea, but a protected asset.
What’s Reviewed During IP Due Diligence?
Registered and unregistered IP assets
Validity and expiry of registrations
Ownership chain and assignments
Licensing and royalty agreements
Third-party rights, liens, or encumbrances
Pending litigation, oppositions, or objections
Confidentiality measures for trade secrets
How We Help
At Mark Shell & Associates, our IP lawyers and technical experts conduct thorough, practical due diligence. We examine each detail, flag potential red flags, and provide clear, actionable reports. With our support, clients can secure deals confidently, avoid surprises, and protect their future business value.
Final Words
In any transaction, IP can be your greatest asset — or your biggest risk. Skimping on IP Due Diligence is never worth it. Done right, it protects your investment, strengthens negotiations, and can be the difference between a deal that builds value and one that drains it.
Ready to safeguard your next big deal? Let Mark Shell & Associates handle your IP Due Diligence with precision and care.
