For ease of use, two “check-lists” are now provided. The following is a First Pass at an IP due diligence outline. The purpose of the First Pass is to identify the key areas and topics for performing IP due diligence. The summarized elements are:
I. General Company Information: Market information; product information; geographic information; other
II. Research and Development Activities: Technology identification; key technology areas; key inventor; R&D plans.
III. Competitive Analyses: Product advantages; technology advantages; key inventor; IP trends.
IV. IP Confidentiality and Internal Processes: Employees; contractor/subcontractor; disclosure/IP protection procedures.
V. Information Regarding Various types of IP: Patent information; trademark information (includes trademarks, service marks, trade names and trade dress); trade secrets; copyright; other forms of IP.
VI. IP-Related Agreements: Licensing; R&D grants; consulting agreements; joint development/joint venture; indemnification agreement; others.
VII. IP-Legal Opinions
VIII. Claims, Threats and Lawsuits
IX. Other / Miscellaneous