Due Diligence & IP Audits

Due Diligence & IP Audits - Griffith Hack

IP Audits



An IP audit is a comprehensive analysis of a company's IP assets which identifies and documents those assets for future use. IP assets can be put to work for the ultimate success of your business. Once identified, IP assets can:

  • Be protected to ensure future value as an asset, safeguard a valuable revenue stream and provide a competitive edge.
  • Be brought to account on your balance sheet, thereby boosting the net worth of your business.
  • Increase your business' profitability through licensing, selling or raising finance against them.

IP assets may reside in many areas of a business, and can include patents, trade marks, industrial designs, copyright, confidential information, circuit layout rights, plant breeder's rights or the goodwill associated with a business. Griffith Hack interviews and works with the appropriate people in your organisation and examines key documentation before compiling a report on the current state of your IP assets and a list of recommended actions. The review will be framed within the context of your industry and the commercial environment in which it operates.

Due Diligence



Due Diligence usually involves the analysis of a company's IP position. Conducting a due diligence is particularly useful when assessing the value of a patent portfolio which is to be licensed or acquired. They can also provide a useful resource during capital raising and due diligence in the form of a patent attorney report is generally required in a prospectus for an initial public offering (IPO).

Due diligence can be used to establish the value of a patent portfolio and allow an assessment of the fit with strategic goals. Griffith Hack can:

  • Identify and confirm the status of a patent portfolio.
  • Advise on the scope of protection forwarded by a patent portfolio and any issues of enforcement.
  • Advise on validity of patents on the basis of prior art cited during patent prosecution or in additional searches.
  • Confirm inventorship of patents.
  • Confirm ownership of patents.
  • Advise whether a patent covers the commercial embodiments which it is intended to protect.
  • Perform a freedom-to-operate search as necessary.
  • Consider any contractual arrangements relating to the patents, such as licenses and material transfer agreements.
  • Consider if there are regulatory issues to be addressed.

Please contact one of our listed people on the right for further advice.
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Contacts

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Chris Sgourakis BSc LLB LLM Principal Melbourne | 03 9243 8300
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Robert Wulff BE (Hons) BSc FIPTA Principal & Engineering National Practice Group Leader Sydney | 02 9925 5900

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