Due diligence is a process by which a company or project that is a candidate for investment or for a merger or acquisition is inspected to assess its value and to discover potential issues to be taken into account. IP due diligence is the part of the due diligence process that relates specifically to IP.
A company undergoing due diligence is expected to disclose all information, documents, and facts pertinent to the specific due diligence being performed. Those will be reviewed in detail by the attorney performing the due diligence, and conclusions will be derived from this analysis.
During the due diligence process, the company or project examined provides comprehensive documentation for inspection. In this situation, the company is expected to disclose all information, documents, and facts relevant to the specific due diligence performed. The documents are reviewed in detail by an attorney or team of attorneys, and conclusions are derived from this analysis.
The due diligence process is an essential stage of an investment or M&A, without which it is not possible to obtain an estimate of the value of the considered company or any issues the company may have, particularly in the IP field.
If your company seeks investment, a merger, or an acquisition, it will undergo a due diligence analysis. Providing appropriate documentation for due diligence requires that the company kept orderly records and performed required activities throughout its life. Therefore, it is vital for a company that expects to undergo due diligence to obtain detailed legal advice already at the company establishment stage.