IP Due Diligence

Wagenknecht IP Law Group assists corporations and corporate law firms by providing comprehensive patent and trademark due diligence to minimize risks before product launch and during mergers & acquisitions.

Wagenknecht:

  • Conducts independent patent searching and in depth patent file analysis
  • Defines the scope of protection in patents and trademarks
  • Prepares Opinions for Validity & Invalidity
  • Verifies ownership

 

Freedom to Operate (FTO)

Freedom-to-operate analysis evaluates whether or not a party will able to make, use and/or sell particular products or services. Even inventors with granted patents can be prevented from practicing their invention. This is because patents do not provide a right to practice an invention but instead provide the right to exclude others from practicing the invention. Therefore, FTO analysis looks to potential legal roadblocks, such as patent claims of others that may be infringed upon practicing the invention.

 

Scope, Validity & Enforcement

Once a patent is presented, the next question is often “What does s patent cover?” Due diligence often assess the scope of protection by the patent and can assess the strength of the patent. Typically this is by interpreting the claims of a patent, assessing the specification, and evaluating the examination history. Supplemental patent searching can also be conducted to search for documents not previously considered.

 

 Verifying Ownership Rights of Intellectual Property

Ownership is often one of the first issues explored when purchasing a patent. Typically, this involves confirming the chain of title was properly recorded, determining whether there are any government rights to the intellectual property and whether there has been any third party challenges to the patent that may encumber the title.