Due Diligence

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The aim of a due diligence analysis is to establish an information basis that may be used in connection with investments into, acquisition, or sales, of intellectual property rights. It typically includes gathering and examining economical, commercial, and legal information on one or more existing rights.

An IP due diligence analysis is therefore commonly conducted before a company invests into new technology by obtaining one or more IP rights. The analysis gives the company a better understanding of how it will benefit from the new technology.

A due diligence analysis may furthermore yield insight into a company’s market position, and is therefore of relevance to investors considering whether to invest in that company.

In addition, it is recommendable that a company continuously conducts IP due diligence analyses for administering its IPT portfolio in an economic way.

A due diligence analysis comprises, among other things, an evaluation of:

whether the company may freely use the relevant technology; see also FTO-analysis,

the extent of protection conferred by the intellectual property rights,

the geographical coverage conferred by the rights, and

whether the rights are valid, that is to say, whether the applications or granted rights may be maintained and administered.

A due diligence will typically depend on, and impact, the strategic direction into which a company moves. Therefore, such an analysis is typically conducted in close cooperation with the company’s leadership.