No two patents are alike – some are worth more than others. Therefore when exploring intellectual property licensing deals or negotiating business agreements involving patents, you should proceed with care to ensure that you receive a fair bargain based on the true value of those patents.
A due diligence investigation should identify who owns the patents and whether there is a chain of title from the inventor(s) to the owner(s). This may involve reviewing records in the patent office, assignments, and other agreements.
In addition, the due diligence should focus on assessing the strength and value of the patents. For example, one way to assess the strength of a patent is to conduct a prior art search for validity analysis. Whether the patent has been subject to disputes may also influence its strength depending on the status and outcome of the disputes. Further, the impact of a patent on a business’s freedom to operate in the market may affect the value of the patent.
Strategic licensing transactions often require both business planning and legal due diligence. We have the technical and legal experiences to assist you in getting the deals done.