IP Due Diligence

IP Due Diligence: identifying risks and raising the commercial value of your IP assets

Often enough, when assessing the potential revenue that can be obtained from corporate assets, companies focus on tangible assets, overlooking or being unaware of the various methods available for extracting additional value from their IP assets. With the increasing number of intellectual property transactions, IP due diligence is growing in importance.

Performing IP due diligence is nowadays essential when acquiring IP, raising capital, or seeking to obtain financial assistance. Especially in M&A operations, information about the strength of a company’s IP assets is key for influencing prices in M&A negotiations and taking prudent decisions on investing in, licensing-in/out, or acquiring/selling IP assets.

For sellers, IP due diligence can help improve the marketability of their company, by allowing them to identify the strengths and address any gaps in their IP portfolio which might hinder or compromise the sale. For buyers, assessing any risks associated with the seller’s IP portfolio is fundamental in determining whether the acquisition or investment is worthwhile.

More generally, every entrepreneur should aim to take a more strategic approach to their IP and make the exercise of having their IP portfolio examined, as a starting point for setting a realistic IP development plan. IP due diligence will help create a commercialization strategy connected to the reality and serve the purpose of better exploiting products or services.

IP due diligence investigations are performed by IP experts and involve several steps. In a nutshell, the analysis consists of:

  • Identifying the company’s IP assets (patents, trademarks, designs, copyrights, domain names, contracts, etc.);
  • Verifying the status and ownership of each IP asset: sole or joint ownership, licence, assignment agreements, etc.;
  • Ascertaining any restrictions on IP asset use.

What makes Dennemeyer’s IP Due Diligence service unique is:

  • It is complete in its scope;
  • It is modular in its approach;
  • It has a proven economic efficiency;
  • It can offer fixed fees.

Dennemeyer’s strength in offering this service results from being the only firm offering a scientifically proven efficiency in IP due diligence, demonstrated and practised over the years. Further, our modular and fixed fee price structure is very appealing to our clients.

Our IP Due Diligence service is handled by a team of experts in our Frankfurt office, headed by Dr. Malte Köllner. Dr. Köllner has extensive experience in performing due diligence investigations for smaller clients, investors and Fortune 500 companies, in particular for venture capital investments. Based on his practical experience and on the work done in the German standards committee on patent valuation, Dr. Köllner developed the Dennemeyer approach to IP due diligence that is at the same time complete in its scope and economically efficient. Utilizing the resources of the local Dennemeyer & Associates offices across the world, the IP Due Diligence team can quickly perform insightful investigations and provide clients with a solid basis for decision making.

Our unique approach has earned us the IP Due Diligence Law Firm of the Year - Corp Intl. award several times in a row.

Looking to carry out an IP due diligence assessment of your IP portfolio? Contact our team at info-ffm@dennemeyer-law.com.