Is your business IP due diligence ready?
Your most valuable business assets are your intellectual property. In some cases, your IP is your only asset. As such, it’s important, especially if you’re looking to raise capital, to make sure that your IP is always due diligence ready.
Keeping track of your intellectual property can be a challenging process. Your business is always using and producing intellectual property. In many cases, you may not even realize that you created intellectual property. That’s why it’s important to keep your IP assets organized.
One of the best tools for doing this is the IP due diligence process. It’s an audit of all of your IP assets. IP due diligence includes verifying the the types of IP, registration status, where and how it’s being used, any outstanding issues, such as upcoming fee payments or pending litigation, and what needs to be done to correct these issues.
If intellectual property is your only asset, it’s even more critical that you complete the IP due diligence process and prepare an IP audit report. When potential licensees, investors or an M&A partner is interested, you’re prepared to give them the information they require to assess the risk, value and ROI of the transaction.
The Benefits of an IP Audit
A recent survey of small and mid size businesses in the UK found that over 80% benefited and took action with their IP as a result of the IP Audit:
- 85% increased their awareness about their IP value
- Over 30% identified new business opportunities
- 43% identified new licensing opportunities
- Almost 20% reported acquiring new customers
- About a third reported securing new equity and grant funding
- 70% reported refocusing their business strategy to prioritize their IP
- Over 87% would recommend the IP audit to other businesses
Key Steps in the IP Audit & Due Diligence Process
The first step in the audit process is to identify the readily identifiable IP. Assets falling into this category will include any registered trademarks, copyrights, designs or patents owned by the business, any licenses to third parties and any licenses from third parties, including cross-licenses. Also included in this category are things such as in-house work manuals, databases, recipes, franchise agreements, publications and product/process know-how.
Once all the IP assets are identified, the second step is to check the legal registration status and what needs to be registered. Non-registered IP, such as trade secrets, is reviewed to make sure procedures and policies are in place to protect confidentiality.
The third step in the due diligence process is an evaluation of how you are using your IP and what parts are underutilized. Each of the IP components are ranked in importance by looking at factors such as whether they are integral to the company’s products, services or technology, the IP’s life expectancy, and its impact on your company’s business and the profitability.
The benefits of completing an IP audit include better use of your IP assets, integrating them into your overall business decisions, capitalizing on new revenue opportunities, increase company value and making informed decisions on what to do if your company’s IP is infringed.
IP Due Diligence Consultation
Contact us at firstname.lastname@example.org to schedule a free consultation to discuss your IP due diligence requirements.