IP DUE DILIGENCE


Intellectual property due diligence refers to the non-litigation legal and technological service provided by a third-party professional organization or personnel entrusted to conduct a comprehensive investigation and systematic combing of the intellectual property rights of the target company based on specific business needs, providing the client or prospective investor with IP information of the target company that may affect the prospective business plan or other key factors, and ultimately forming a professional summary report. The purpose is to achieve the following objectives in the investment process:

1. Solving the problem of information asymmetry: combing the intellectual property status of the target company, including the content of rights, the ownership of rights, the source of rights, the burden of rights, the value of rights, etc.

2. Discovering value and revealing risk: analyzing the risk of intellectual property rights of the target company, including implementation risk, transaction risk, management risk, etc.

3. Adjusting and improving the business plan: design the direction and focus of due diligence according to client's business needs to ensure that the objectives of intellectual property acquisition conform to the business plan.

The timing of IP due diligence includes preparation and negotiation before the inflow of various intellectual property rights, such as license, transfer, pledge financing, technology equity, acquisition, merger and reorganization.

Intellectual property due diligence (technical category) mainly includes:

1. Confirmation of the patent portfolio of the investee (legal investigation)

2. Patent analysis of the investee (patent investigation)

3. Technical analysis of the investee (technical investigation)

4. Analysis of third party agreements (legal investigation)

5. Analysis of commercial contract terms (legal investigation)



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