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Patent Due Diligence Services

Navigate IP transactions with clarity and confidence
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What is patent due diligence?

Patent due diligence involves the thorough evaluation of a company’s or product’s intellectual property, particularly patent assets before a merger, acquisition, partnership, investment, or any significant transaction. The goal of performing patent due diligence is to uncover potential risks, verify enforceability and assess the strategic and commercial value of the IP.

Whether you’re investing in a startup, acquiring a patent portfolio, or entering a licensing deal, a thorough patent due diligence is essential.

Our team and wide network of patent practitioners support law firms, investors, and corporations with deep, reliable IP intelligence tailored to each transaction.

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Key Patent Due Diligence Services

Flexible services — from end-to-end patent due diligence to targeted support for critical steps in your process
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Patent Strength and Validity Assessment

Assessment of the legal robustness of a patent or portfolio, and how well the patent claims will hold up in court, during invalidation challenges, or post-grant proceedings.

Enforceability Analysis

Examination of claim scope and potential limitations to assess enforceability and competitive positioning.

Freedom to Operate (FTO) Analysis

Assessment of potential infringement risks and clearance for market entry or product development.

Ownership, Chain of Title & Expiration Analysis

Verification of legal ownership and chain of title for all patent assets.

Patent Portfolio Analysis

Evaluation of the size, composition, and technical relevance of a company’s patent portfolio.

How we help our clients

M&A and Corporate Counsel

Support IP evaluation during acquisition or divestiture

Private Equity & VC Firms

Assess IP assets of target investments

Patent Owners & Licensors

Prepare IP portfolios for transactions, licensing, or enforcement

IP Law Firms

Trusted research partner for complex due diligence initiatives

Asset Identification and Ownership

Verifying ownership and uncover potential hidden risks

Before investing in or acquiring patents, it is critical to confirm what assets exist and confirm ownership. Asset scoping, chain-of-title verification, and encumbrance checks ensure there are no missing assignments, liens, or licensing issues.

Asset Scoping

Identify target IP assets, families, and jurisdictions. Map patents to products to show where and how they provide protection.

Assignment & Ownership

Confirm chain of title, assignments and recordations. Locate ownership gaps.

Encumbrances

Identify liens, security interests, pledges, covenants, licenses, MFNs (Most Favored Nation), ROFRs (Right of first refusal), and other restrictions impacting asset transfer.

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Portfolio Quality and Patent Strength

Gain insights into the strength and enforceability of core patent assets

Assess claim breadth, litigation history, PTAB risk, and more to determine whether a portfolio can stand up to potential challenges.

Portfolio Quality

Assess claim breadth, support, written description, enablement, and continuation strategy.

Patent Strength & Validity Analysis

Review prior art, claim construction, reasons for allowance to evaluate enforceability and risk of invalidation.

Prosecution Posture

Analyze docket and office action histories, appeals or PTAB postures, and estoppels, to spot potential enforcement limitations.

PTAB Risk

Assesses likelihood of IPRs, PGRs, re-examination exposure that could challenge the portfolio.

Litigation History Review

Review district court, ITC, or foreign disputes; outcomes; injunctions; and damages risk to anticipate future litigation exposure.

International or Cross-Border IP Risks

Assess EP oppositions, SPC status, and priority issues to measure global exposure.

Term & Expiry

Calculate PTA/PTE, terminal disclaimers, expected expiry by family, to project patent lifespan and coverage.

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Market and Competitive Positioning

Identify competitive threats and market opportunities

Market-focused patent due diligence highlights competitive risks, freedom to operate, and regulatory links that shape commercial strategy.

Freedom to Operate (FTO) Search and Analysis

Assessment of potential infringement risks and clearance for market entry or product development. 

Find out more about our Freedom to Operate Search services. 

Prior Art & Patent Landscape

Targeted searches to map out competitive IP and identify white-space opportunities for innovation.

Regulatory Linkages

Connect patents to Orange Book listings, BPCIA data, and regulatory exclusivities to evaluate market protection.

SEP & Standards

Identify standard-essential patents and FRAND encumbrances to manage compliance and licensing.

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KEY CONTACTS

Robert Layne

Patent Agent

Meet Robert

Imtiaz Billah

Patent Agent

Meet Imtiaz

Nate Lin

Patent Agent

Meet Nate

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