Patent Due Diligence

Patent due diligence is a comprehensive legal and technical audit of a patent or patent portfolio, conducted to assess the validity, enforceability, commercial relevance, and risk profile of the intellectual property. It is a standard requirement in M&A; transactions involving technology companies, venture capital investments, IP licensing negotiations, and IP-backed financing. The process examines each patent’s prosecution history, claim scope, maintenance status, and potential vulnerabilities — including prior art that may not have been cited during examination, claim construction issues that could limit enforceability, and jurisdictional variations in patent protection. The due diligence report provides a risk-adjusted valuation of the patent portfolio, identifies any encumbrances (licences, pledges, or disputes), and flags patents that are at risk of revocation or have lapsed due to unpaid annuity fees. For technology companies, the patent portfolio is often the single most valuable asset — a thorough due diligence ensures that the buyer or investor understands exactly what they are acquiring and at what risk. Our patent due diligence team combines patent attorneys, technical experts (with domain knowledge in the relevant technology area), and IP valuation specialists. The report covers: patent validity assessment (claim-by-claim analysis), freedom-to-operate review (do the patents infringe any third-party rights?), portfolio strength scoring, maintenance fee status, litigation history, and a commercial relevance assessment mapping each patent to the company’s products and revenue streams.

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