Private Equity Audit

Private Equity Audit

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Are the companies in your portfolio leveraging their IP assets? Intellectual property offers enormous potential to add value to your portfolio and a private equity IP audit can help identify opportunities.

Identifying and Managing IP Value in Your Portfolio

In a sluggish exit market, private equity firms need to drive as much value as possible from their portfolio companies' IP assets.

A private equity portfolio IP audit is an important part of the value creation process and can influence:

  • Current and future valuations
  • Growth trajectory
  • Revenue model development
  • Decision making
  • Exit strategy
  • Attractiveness for buyers
  • Competitive positioning
  • Risk management
  • Strategic partnership and collaboration options

An audit is also useful in today's landscape where so many companies are 'knowledge-led', making it more challenging to quantify the commercial value of their IP.

And when preparing for exit, it's important to conduct IP due diligence.

How a Private Equity Portfolio IP Audit Works

There are three stages of a PE IP audit from Potter Clarkson:

Stage 1: Technical IP review

  • Review of existing patents and trade secrets. Assess freedom-to-operate (FTO) position.
  • Identify unnecessary or unused rights.
  • Assess current IP management practices and IP strategy.
  • Suggest ways to increase breadth of protection of key assets and/or within key markets.
  • Assess R&D capabilities and ongoing innovation pipeline.

Stage 2: Legal review

  • Review key supporting commercial agreements/contracts.
  • Evaluate 'reasonable steps' (if any) set out in trade secret policy and template agreements.
  • Assess strength of any recognised threats of litigation (additional fee).

Stage 3: Brand and trade mark review

  • Review existing trade marks and ownership and assess scope of protection across portfolio company IP.
  • Assess current brand protection strategy and its consistency with business plan.
  • Identify and assess any potential infringement risks (additional fee).
  • Confirm if brand/s have been cleared.
  • Confirm if brand/s are using watching services.
  • Assess current approach to brand enforcement.

Why Audit the IP in Your Portfolio Companies?

A strategic PE portfolio IP audit can help you strengthen each business and support its competitive advantage, differentiation, market position and brand.

A portfolio company IP audit from Potter Clarkson’s experts is designed to look for red flags as well as opportunities.

It will:

1. Determine the value of each company's IP portfolio

  • Thoroughly assess each company's IP portfolio with a commercial lens – find strengths and weaknesses.
  • Identify whether the existing IP rights in your portfolio companies are aligned with each company's business plan and your exit objectives.
  • Suggest how those rights could add more value to each business.
  • Identify possible new commercial opportunities, for example licensing out the IP to create a new revenue stream.

2. Identify and plug any protection gaps

  • Determine if any elements of each business plan are not currently protected. Plug any gaps to allay buyer concerns and avoid potential problems at exit.
  • Recommend adding other types of rights to each register of IP assets, where it makes commercial sense.

3. Reduce IP spend, where possible

  • Highlight any IP rights that are no longer needed or could be managed differently so you can cut spend.
  • Estimate how much you could save using our proprietary budgeting software.

4. Make recommendations in line with your exit objectives and support you to implement changes

  • Recommend potential improvements to reinforce each business' company valuation and IP position during the term of your investment.
  • Provide expert recommendations focused on the future and aligned with your exit objectives for each business.
  • If you need it, our experts work with you to take next steps quickly, easily and cost-effectively.

FAQs for Private Equity Portfolio IP Audit

How can IP create value for private equity firms?

IP can create value for PE firms in many ways. It can:

  • Support revenue
  • Reduce risk
  • Strengthen competitive positioning
  • Increase buyer confidence
  • Improve exit success

How can IP create value for private equity firms?

What role does IP play in a company’s valuation?

IP can influence deal structure, company valuation and much more, which is why it’s important to conduct a thorough expert review across your portfolio.

What role does IP play in a company’s valuation?

Is a private equity portfolio IP audit suitable for all portfolio companies?

Yes, the Potter Clarkson IP audit can be adapted for all portfolio companies. It may be particularly useful within IP-rich sectors such as tech, life sciences and advanced manufacturing.

Is a private equity portfolio IP audit suitable for all portfolio companies?

When should a private equity portfolio IP audit be conducted?

Ideally, a private equity portfolio IP audit should be carried out before exit, funding or due diligence.

When should a private equity portfolio IP audit be conducted?

Meet the Team

Chris Cadman

Chris Cadman

Sweden Lead Partner - Patent Attorney
Chris Cadman
Peter Finnie

Peter Finnie

Partner - Patent Attorney
Peter Finnie
Benjamin Hoffmann

Benjamin Hoffmann

Partner - Patent Attorney
Benjamin Hoffmann
Sara Holland

Sara Holland

Partner - Patent Attorney
Sara Holland
Dave Holt

Dave Holt

Partner - IP Solicitor
Dave Holt
Dan Hudson

Dan Hudson

Partner - Patent Attorney
Dan Hudson
Camilla Kiørboe

Camilla Kiørboe

Partner - Patent Attorney
Camilla Kiørboe
Mark Kramer

Mark Kramer

Partner - IP Solicitor
Mark Kramer
Oliver Laing

Oliver Laing

Partner - IP Solicitor
Oliver Laing
Fiona Law

Fiona Law

Partner - Patent Attorney
Fiona Law
Darren Mitchell

Darren Mitchell

Partner - Patent Attorney
Darren Mitchell
Esmé Swindells

Esmé Swindells

Partner - Patent Attorney
Esmé Swindells
Jason Teng

Jason Teng

Partner - Patent Attorney
Jason Teng
Benjamin Bell

Benjamin Bell

Senior Associate - Patent Attorney
Benjamin Bell
Jack Livsey

Jack Livsey

Senior Associate - Patent Attorney
Jack Livsey
Matthew Wells

Matthew Wells

Senior Associate - Patent Attorney
Matthew Wells

Get in Touch with Our Private Equity Audit Team

Steve Smith
Chris Cadman
David Carling
Dave Clark
Charlotte Crowhurst

Preparing IP for exit? To find out more about the private equity portfolio IP audit, contact our IP experts.

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