Corporate Finance & Accountants

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Intellectual property (IP) due diligence plays a critical role in M&A, joint ventures, and private equity deals. It can significantly affect the value of the company and uncover risks that may disrupt the deal. Our experts help you verify the IP position of the business you're acquiring or selling, so you can make a clear, informed assessment.

The IP a business owns, uses, and protects can significantly impact its value. A clear understanding of the IP position can strengthen valuations, support price negotiations, and help ensure both sides are aligned before the deal goes ahead.

Just as importantly, IP due diligence can help avoid risks that might otherwise go unseen. Infringement claims, licensing disputes, litigation history, or unclear ownership can all delay negotiations or disrupt the deal.

That's why IP due diligence must go beyond checking what's been registered. You need to:

Confirm ownership and rights to use, including assignments, licences, and third-party agreements.
Check the scope and geographical coverage of IP rights and whether they align with the business strategy.
Review the current status of registered rights, including prosecution issues, maintenance, and renewal costs.
Identify any past, ongoing, or potential disputes, such as litigation, invalidation threats, or entitlement claims.
Review out-licensing agreements and the commercial terms attached.
Establish whether the business has evaluated its freedom to operate (FTO).
Assess how trade secrets and confidential information are managed, including NDAs, contracts, and internal policies.
Understand how the IP portfolio supports the business plan and future growth.
Consider an independent assessment of how well the IP assets can be integrated post-deal. To do this, you need to understand the systems and how IP is managed by both the target and acquiring businesses.

Want to discuss how we support accountants and corporate finance teams with IP due diligence? Contact our team.

How We Can Help

We work with accountants and corporate financiers to provide clear, commercially focused IP due diligence. Our goal is to verify the relevance, strength, and risk profile of the IP position, and confirm whether the IP strategy supports the business plan and long-term value.

We already work with firms of accountants on a range of projects, from M&A to R&D tax credit and Patent Box projects. We understand your expertise in valuing assets and complement it with a comprehensive assessment of the relevance and strength of the IP involved in each deal. We also analyse the IP strategy and how it maps to the company's commercial plan. Our team will:

Assess the company's business plan from an IP perspective and, where relevant, its technology roadmap.
Confirm the legal ownership of the IP.
Review licences, agreements, and other commercial contracts, highlighting any IP or confidentiality issues.
Evaluate how IP is governed by examining board-level oversight and internal processes for managing IP risk.
Report on the legal status of declared rights, including an assessment of oppositions and challenges brought during the registration process.
Review any notified or threatened IP claims or litigation, assessing the potential impact of ongoing or future disputes.
Assess the company's approach to IP-related risks and FTO.
Review third-party relationships and confirm that appropriate agreements are in place to protect ownership and future IP strategy.

At the end of the process, you'll receive a tailored report setting out the target company’s IP position and the risks that could affect value, deal terms, or post-deal integration.

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The Benefits of Our Approach for Accountants and Corporate Finance Teams

‍Insight that supports deal valuation‍

We deliver concise, commercially focused reports that explain how IP supports the business plan and future growth. You'll be able to identify gaps or risks that may affect value, deal terms, or post-deal integration.‍

‍Legal, technical, and commercial expertise in one place‍

Our team includes patent attorneys, trade mark attorneys, and IP solicitors. Together, they provide coordinated legal and technical insight into the company's IP and how the overall strategy aligns with the commercial plan.‍

‍Proven approach trusted by financial professionals‍

We've worked with financial institutions, investors, law firms, and other specialist professionals for over 20 years. Our approach is reliable, commercially focused, and built to support confident decision-making during the deal process.