Intellectual Property Information Needed for M&A Due Diligence
Sellers, don’t get caught off guard by the amount of information needed for M&A due diligence. Immediately following the signing of the M&A Letter of Intent (LOI), the Buyer will need access to information about all aspects of the company’s business to do her due diligence. So, get started well in advance.
To help you get prepared to provide access to that information, here is a comprehensive list of the information that your Buyer may need regarding intellectual property.
Schedule of domestic and foreign patent registrations and applications identifying each patent by title, registration/application number, date of registration/application, initial expiration, and country of registration.
Schedule of all trademarks, trade names, and service marks held or applied for, including maintenance and status on registrations, applications, and licenses.
Schedule of all copyrights held or applied for, including maintenance and status on registrations, applications, and licenses.
Schedule and copies of all consulting agreements, agreements regarding inventions, and licenses or assignments of intellectual property to or from the company.
Schedule of domain name registrations, including status on renewal.
Description of methods used to protect trade secrets and know-how.
Description of any material trade secrets or know-how held by the company or provided to or by the company under any agreement.
Copies of any work-for-hire agreements.
Schedule and summary of any claims or claims threatened by or against the company regarding intellectual property.
Copies of any communication to or from third parties relating to the validity or infringement of the company’s patents, technology, trade secrets, trademarks (service marks), trade dress, and copyrights.