Withers & Rogers - Expertise - Intellectual Property Due Diligence
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Intellectual property is often a key factor in commercial transactions such as a merger or acquisition. If neglected it can be a deal breaker.

Our attorneys provide crucial IP advice in major business transactions, reporting on the existence and status of IP assets for in-licensing, venture capital funding, stock market listings, and mergers and acquisitions.

Due diligence teams often turn their attention to IP matters during the critical, latter stages of negotiations, and there are significant advantages for businesses that prepare early. Reviewing an IP portfolio as early as possible ensures protection is in place to meet buyer needs and highlights gaps which can be addressed. If your IP requires any modifications, this can often take months or even years to organise, depending on geographic reach, but identifying such needs is an important first step.

For businesses looking to organise their IP portfolio for a commercial transaction, there are several factors to consider, for example:

  • There should be concise summaries of individual assets (patents, trade marks and designs)
  • If IP portfolios are split between different patent and trade mark firms, ensure the firms adopt a common standard of presenting the information
  • Where necessary, any upcoming renewal fees should have been paid

IP in commercial negotiations is a strategic asset, and audits require careful organisation to ensure an IP portfolio is presented in a complete, precise and saleable fashion. We provide a range of services from straightforward IP status advice to a full IP portfolio audit and report. Our attorneys have advised on deals including multi-million pound share acquisitions and de-mergers, and have prepared IP reports for full stock market flotations and Alternative Investment Market (AIM) listings.

We advise on the protection and enforcement of intellectual property rights for inventions, trade marks, designs and artistic works. If IP due diligence is an unfamiliar area to you, we can walk you through the process. We have wide commercial and industrial experience, and our technical expertise covers all major technologies.