IP Strategy & Diligence
IP should support the business: what you own, what is protectable, where the risks are, and what to do next.
Strategy that follows the roadmap
We help you decide what to protect, what to keep as a trade secret, what to publish, and in what order, with the product, the market and the runway in view. Think of it as an extended in-house IP department: patent filing, investor preparation, freedom-to-operate analysis, technology transfer and IP training, without building a full team.
The aim is a portfolio that tells a coherent story rather than a pile of unrelated filings. And if a patent would not be valuable, patentable or enforceable, we will say so up front.
What diligence covers
- Freedom to operate. Run before you make or sell a product in a country, to avoid costly infringement disputes. A patentable invention can still infringe someone else’s dominant patent.
- Patent scope assessment. A patent’s value lies in its claims. We explain in plain language what they cover and what they do not, and whether they are broad enough to hold off competitors.
- Patentability and validity. For pending applications, how likely grant is. For granted patents, how vulnerable they are to challenge.
- Ownership verification. Whether the company owns the IP it relies on or only uses it. A clear chain of title, backed by agreements and recorded with the patent office, avoids later disputes.
- Trademark diligence. Searches for conflicts, confirmation of registration status and ownership, and a look at protection in key markets.
If a freedom-to-operate search finds overlap
- Redesign so at least one claim limitation is absent, supported by a legal opinion
- Negotiate a licence with the patent owner before launch
- Cross-license, where you hold overlapping patents of your own
Skipping the search leaves you weaker in negotiations and exposed to litigation. A full freedom-to-operate opinion is a distinct, scoped piece of work; we will tell you when one is warranted.
How a diligence engagement runs
- Setup. A confidentiality agreement with the investor and the startup. The startup shares filings and documents and completes a short questionnaire: target markets, product components and process steps, what was developed in-house, and competitors.
- Analysis. Patentability, validity and freedom-to-operate searches as needed.
- Findings. Analyses of the key patents, observations and recommendations, with calls to walk through them and answer questions.
Common questions
Can I infringe other patents while selling my own patented product?
Yes, potentially. A patent on one improvement does not cover the rest of the product, and others may hold patents on other features, components or combinations. Owning a patent is not a guarantee of freedom to sell.
We have no filings yet. Is strategy still useful?
Yes. Early decisions about disclosure, ownership and filing order are often the cheapest to get right.
Do you only work with startups?
We work with founders, engineers, research groups and the investors and advisers who back them.
Information on this page is general and not legal advice. Outcomes cannot be guaranteed.