The core of our services remains creating, securing and enforcing IP rights for our clients across the world.
However, our experienced team are also frequently occupied in various other tasks, including:
Intellectual property is now recognised as a potentially valuable asset, the possession of which can confer major economic benefits. Revenues can be earned by licensing, selling and trading intellectual property around the world, and it provides one of the foundations of the global economy.
Those companies that have developed clear strategies, based on accurate appraisals of their innovations and intellectual property and the strength and value of the intellectual property rights, are out in the market place enhancing their earning power, productivity and market-share, harnessing home developed, as well as acquired, intellectual capital in their expansion.
Any valuation of intellectual property or the assessment of an appropriate royalty is a bespoke activity. The amount of time and effort (and so cost) put into the valuation or assessment, and the best basis for them, depends on several factors such as the reason for the valuation/assessment (balance sheet, tax, sale, licensing, investment) and the money at stake. In other words, is a quick valuation to assess a royalty rate required or a detailed valuation for a robust encounter with the tax authorities?
For a no-obligation free consultation
There are three essential attributes to any intellectual property:
- legal rights exist in the intellectual property. For example, that there is a patent or a trade mark registered;
- good ownership title can be established. If you were going to build, buy, or rent a house, you would always make sure you would own it or have a good lease. It is the same concept with intellectual property;
- the intellectual property rights can be enforced to prevent others using the rights without permission or to generate revenues. This is the scope and strength of the intellectual property rights. Using the house analogy again, this aspect of due diligence seeks to assess the boundaries of your plot of land and how hard it is for trespassers to get in.
Positive due diligence is all about checking these attributes. Due diligence in the positive sense evaluates the intellectual property rights as a commercial asset enhancing the revenues and profits of the business.
Defensive due diligence is where a business is concerned that the existence of other people’s intellectual property rights might prevent a business activity continuing or being started because the intellectual property rights will be infringed with the potential of a substantial damages claim unless a license to use the particular rights can be agreed. Back to the house analogy, this is knowing the boundaries of someone else’s plot of land and assessing whether your activity might be a trespass. A decision can then be made as to whether the investment in the business activity should be made or continued.
The due diligence process – whether positive or defensive – will cover many of the same points such as assessing the existence of the rights and their strength. The due diligence requires careful judgments to be made about such things as what searches should be carried out, about the strength of the rights that the searching has revealed, and about the infringement risk posed in particular circumstances.
For a no-obligation free consultation
All commercial enterprises, and many individuals, generate intellectual property. But even the most IP-aware organisation can sometimes fail to see the wood for the trees. Gaps can exist in coverage – often inviting commercial disaster. More commonplace is the costly maintenance of IP rights that are no longer essential to the company and which should be abandoned or else licensed or sold to generate revenue.
If you would like a fresh pair of experienced eyes to look over your IP portfolio we can help with an initial review.
For a no-obligation free consultation
Whatever the size of your intellectual property portfolio it should be handled by experienced professionals with up-to-date knowledge and proven, reliable systems. Whether your organisation has a full-time Patent Manager or someone who combines IP responsibilities with another role, you should talk to us about our tailor-made portfolio service. You may be pleasantly surprised by our flexibility and our fees.
For a no-obligation free consultation
All companies need to consider intellectual property rights – how they arise and how they can be used to create revenue and market advantage. Whatever your size and stage of development, a strategy can be developed for your company that caters for your present and future needs, and takes account of your competitors’ IP. With appropriate briefing for staff, a carefully planned control document and a culture of awareness, an organisation can reap maximum reward from its innovative efforts.
Talk to us and find out how we can help you make the most of your creative people.
For a no-obligation free consultation
If you are aware of a competitor’s IP rights and need to know whether you are at risk of infringing them, then don’t wait until you are facing legal action. Our experienced professionals can give an expert assessment of the risk. Similarly, if you are wondering whether your competitor is infringing your own rights, let us advise what can be done.
For a no-obligation free consultation
If an intellectual property right appears to be a problem to your planned activities – e.g. you are concerned about infringing a competitor’s patent – it may be worth investigating its validity.
Research can sometimes show that a patent should never have been granted, e.g. because there exists some prior art of which the patent office was unaware. We have decades of experience of handling this type of analysis.
For a no-obligation free consultation
Client Testimonials
Hear from our own Chris Aldridge, and our client, The Janger about their experiences.
