Whether you are acquiring a company, licensing a technology, entering a joint venture, or raising a funding round, patent due diligence is essential to understand the true value — and potential risks — of the IP involved. SCIPP Patents provides comprehensive patent due diligence services for transactions of all sizes.
We verify that the patents in question are properly owned by the purported owner — reviewing assignment records, inventor declarations, and employment agreements to identify any gaps in the chain of title that could affect the validity of the ownership.
We assess the likelihood that the relevant patents would survive a validity challenge — reviewing the prosecution history, identifying potentially invalidating prior art, and assessing the strength of the claims.
We assess whether the target company’s products or processes might infringe third-party patents — identifying risks that would affect the value or operability of the business post-transaction.
We identify any licences, security interests, liens, or other encumbrances on the patent portfolio that might affect the transaction.
We verify the remaining term of key patents and confirm that all required renewal fees have been paid.
We review the prosecution history of key patents to identify any claim scope limitations arising from statements made during prosecution that could affect the scope of the patent rights.
Our due diligence reports are clear, structured, and action-oriented — identifying key risks, flagging items for negotiation in the transaction documents, and providing risk ratings that help business decision-makers prioritise issues.
