Intellectual property is the most valuable asset many enterprises possess and intellectual property has become and will continue to be an important tool for protecting recurring business income from competitive threat. However, intellectual property portfolios necessarily consist of intangibles and contractual rights and obligations (i.e., in-bound and outbound licenses).
Whether seeking to maintain a competitive advantage, preparing for acquisition or investment or evaluating a potential merger or joint venture partner, companies must have a solid handle on the scope of their intellectual property portfolios. Portfolio assessment and management also helps clients mine unused intellectual property assets for revenues through assignment, licensing or disposition.
Our intellectual property assessment and due diligence includes the following areas, as applicable to the particular company and/or transactional context:
- Patents, patent applications;
- Trademarks, trademark applications;
- Engineering and manufacturing drawings;
- Customer and supplier lists;
- Supplier agreements;
- Employee agreements, including confidentiality agreements, non-compete agreements, invention disclosure and assignment agreements and any incentive plans;
- Licenses and other agreements with third parties including patent licenses, computer software licenses, technology or know-how licenses, trademark licenses, joint venture or teaming agreements;
- Confidentiality procedures to protect trade secrets;
- Open source software - usage and policies