
Another due diligence check is to make sure that all art is at the negotiating table. As shown in the “Time Taken for Patent Prosecution” figure, by plotting the years that it takes for patent prosecution against the year the patent is issued it can be determined the amount of time that a patent application is hidden from public view. The due diligence team should check on art in prosecution and modify the negotiations accordingly, especially if they find if the R&D intensity and direction has changed.
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