IP Due Diligence That Surfaces Risks Before They Become Deal Problems
Sleman & Lund LLP supports intellectual property due diligence in connection with mergers, acquisitions, investments, and licensing transactions across the United States. Our IP due diligence lawyers help buyers, investors, licensees, and sellers understand the strength, scope, and risks of the IP assets at the center of a deal.
When You Need IP Due Diligence
We support buy-side IP due diligence for acquirers evaluating a target company's intellectual property. Our IP due diligence attorneys help buyers understand what they are actually acquiring, identify hidden IP risks, and inform negotiation positions before closing.
Buy-Side Mergers & Acquisitions
We support buy-side IP due diligence for acquirers evaluating a target company's intellectual property. Our IP due diligence attorneys help buyers understand what they are actually acquiring, identify hidden IP risks, and inform negotiation positions before closing.
Investor & Venture Capital Diligence
We support investor due diligence for venture capital, private equity, and strategic investors evaluating a portfolio company's IP. Our IP due diligence services help confirm the strength of the IP, identify gaps, and assess long-term defensibility of the company's commercial position.
Licensing Diligence
We support licensing diligence for parties evaluating a proposed patent license or technology license. This helps confirm what the license actually conveys, identify enforceability or scope issues, and inform the negotiation of commercial terms.
Sell-Side & Pre-Transaction Preparation
We support sell-side IP diligence for founders and businesses preparing for an acquisition, investment round, or major licensing transaction. An experienced IP due diligence lawyer can help identify portfolio weaknesses before a buyer or investor conducts formal diligence.
Industries We Support in IP Due Diligence
From patent portfolios to agreements, our IP due diligence lawyers analyze every critical layer that impacts your transaction.
Medical Devices
Medical innovations often involve complex technical and regulatory considerations. We assess patent landscapes, freedom-to-operate, and regulatory exclusivities for medtech, diagnostics and healthcare systems.
Mechanical Devices
Mechanical inventions demand precise structural and functional analysis. We evaluate patent families, manufacturing dependencies, and design-around risks for engineered products.
Transportation
Automotive, aerospace, and mobility innovations combine hardware, software, and autonomy. Our diligence covers supply chain IP, standards-essential patents, and joint ownership agreements.
Software & Technology
Software and SaaS platforms require deep scrutiny of ownership, open-source risks, and claim scope. We review source code escrow, API rights, and patent coverage for tech-driven assets.
Clean Energy
Renewable energy patent portfolios are growing quickly. We examine patent validity, licensing encumbrances, and competitive positioning in solar, wind, battery tech, and green hydrogen.
Consumer Products
From product functionality to design patents and trade dress, we assess market-ready inventions, licensing deals, and enforcement history to identify hidden value or liabilities.
Our Step-by-Step IP Due Diligence Process
Strategic analysis, risk identification, and actionable insights, tailored to your deal.
Initial Scoping Call
We begin with a confidential discussion of the deal, the target IP portfolio, the timeline, and the specific diligence priorities for your situation.
Risk Analysis & Issue Identification
Our IP due diligence lawyers analyze ownership, validity, scope, and risk issues that may affect deal value or negotiation positioning.
Deal-Stage Follow-Up
We remain available through the closing process to address follow-up questions, support negotiation discussions, and respond to additional issues as they arise.
Document & Data Review
We review the IP assets, prosecution histories, license agreements, and related materials provided by the target or made available through the data room.
Diligence Report & Recommendations
We deliver a structured IP due diligence report with findings, identified risks, and recommendations to support deal decisions.
What You Receive at the End of an IP Due Diligence Engagement
Written IP Due Diligence Report
A structured report covering ownership, validity, scope, encumbrances, and identified risks across the reviewed IP assets. The report is written to be usable by both legal teams and business stakeholders involved in the deal.
Executive Summary for Deal Teams
A focused summary highlighting the most material findings and any risks that should inform negotiation, pricing, or deal structure. This gives non-IP-specialist deal team members what they need without reading the full report.
Risk Flags & Recommendations
We flag issues that may require representations, indemnities, holdbacks, or further investigation, and recommend follow-up actions. These flags are designed to plug directly into the deal documentation process.
Ongoing Availability for Deal Questions
We remain available throughout the deal cycle for follow-up questions, additional review, and clarification as deal terms evolve.
Frequently Asked Questions
What is intellectual property due diligence?
IP due diligence is a structured review of a target company's intellectual property assets in connection with a transaction, including patents, patent licenses and related IP rights.
When in a deal should IP due diligence happen?
IP due diligence typically begins after a letter of intent is signed and continues through the diligence period before closing. For sell-side preparation, it may begin months before a deal is announced.
How long does an IP due diligence engagement take?
The timeline depends on the size of the IP portfolio, complexity of the technology, and the deal timeline. We scope engagements to fit the deal schedule and discuss realistic timelines at the outset.
Can you work to a deal timeline?
Yes. IP due diligence is timeline-driven by definition. We scope and staff each engagement based on the deal schedule and the priority issues for the transaction.
What is included in an IP due diligence report?
The report typically covers ownership, validity, scope, infringement risk, licensing obligations, and identified risks, with an executive summary for deal teams and recommendations for follow-up.
Is IP due diligence different from a general IP review?
Yes. IP due diligence is structured around a specific transaction, with findings framed to support deal decisions. A general IP review is broader and not tied to a transaction context.
Do you support both buy-side and sell-side diligence?
Yes. We support buyers, investors, and licensees evaluating a target's IP, as well as founders and companies preparing their own IP for a transaction.
Do you work with deals across the USA?
Yes. We support IP due diligence engagements throughout the United States for buyers, investors, licensees, and sellers.
Discuss Your Transaction
Confidentially
Whether you are evaluating a target, raising capital, negotiating a license, or preparing your own company for a deal, structured IP due diligence services can help surface the risks and value drivers that matter most to the transaction.
Connect with an experienced IP due diligence lawyer to better understand the right diligence approach for your deal, timeline, and business objectives.